From Casetext: Smarter Legal Research

Sprayberry v. MGC, Inc.

District Court of Appeal of Florida, Fifth District
Apr 15, 1985
467 So. 2d 1 (Fla. Dist. Ct. App. 1985)

Opinion

No. 84-503.

March 7, 1985. Rehearing Denied April 15, 1985.

Appeal from the Circuit Court, Brevard County, Virgil B. Conkling, J.

Anthony M. Livoti, Jr., of Kruse Livoti, Fort Lauderdale, for appellants.

William H. Dixon, P.A., Palm Bay, for appellees.


This is an action at law by a lessor of aircraft against the lessees, and persons guaranteeing the lessees' performance under the lease, for damages from breach of contract and for other relief. The trial judge allowed the lessor reasonable attorney's fees and the guarantors appeal. We reverse.

The only provision in the written lease for attorney's fees is in connection with an indemnification paragraph in which the lessee agreed to

indemnify and save harmless lessor and its successors and assigns from and against any and all loss, damage, injury or death claims, demands and liability of every nature, including reasonable attorney's fees arising directly or indirectly from or in connection with the possession, maintenance, use or operations of the aircraft. (emphasis supplied)

This provision does not relate to attorney's fees incurred by the lessor in suing for rental due under the lease agreement.

REVERSED.

COBB, C.J., and DAUKSCH, J., concur.


Summaries of

Sprayberry v. MGC, Inc.

District Court of Appeal of Florida, Fifth District
Apr 15, 1985
467 So. 2d 1 (Fla. Dist. Ct. App. 1985)
Case details for

Sprayberry v. MGC, Inc.

Case Details

Full title:JERRY SPRAYBERRY, ET AL, APPELLANTS, v. MGC, INC., ET AL., APPELLEES

Court:District Court of Appeal of Florida, Fifth District

Date published: Apr 15, 1985

Citations

467 So. 2d 1 (Fla. Dist. Ct. App. 1985)

Citing Cases

H & S Corp. v. United States Fidelity & Guaranty Co.

Paragraph 5 of the USF G/H S contract sets out H S's responsibility to provide insurance so that USF G is…