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Gibson v. Courtois

District Court of Appeal of Florida, Second District
Jun 26, 1987
509 So. 2d 962 (Fla. Dist. Ct. App. 1987)

Opinion

No. 86-2368.

June 26, 1987.

Appeal from the Circuit Court, Manatee County, Robert J. Boylston, J.

Gwynne A. Young and Morris C. Massey of Carlton, Fields, Ward, Emmanuel, Smith, Cutler Kent, P.A., Tampa, for appellant.

Don Paul Greiwe, Bradenton, for appellees.


This is an appeal from a postjudgment order which denied appellant's motion for attorney's fees. We affirm.

Appellant's motion was based upon an attorney's fees provision in a contractual offer to purchase appellees' home. In its final judgment in the underlying action, the trial court ruled that appellant had revoked that offer before appellees had accepted it. Accordingly, the trial court ordered appellees to return the escrow deposit given with the offer to appellant. This court affirmed that final judgment. See Courtois v. Gibson, 485 So.2d 429 (Fla. 2d DCA 1986).

Because the contract upon which appellant's motion for attorney's fees was predicated never came into existence, there was no basis on which to award attorney's fees. Therefore, the trial court was correct in denying appellant's motion. Weiner v. Tenenbaum, 452 So.2d 986 (Fla. 3d DCA), pet. for rev. dismissed, 458 So.2d 274 (Fla. 1984); Leitman v. Boone, 439 So.2d 318 (Fla. 3d DCA 1983). In following Weiner and Leitman, we recognize that we are in conflict with Sousa v. Palumbo, 426 So.2d 1072 (Fla. 4th DCA 1983).

SCHEB, A.C.J., and SCHOONOVER and SANDERLIN, JJ., concur.


Summaries of

Gibson v. Courtois

District Court of Appeal of Florida, Second District
Jun 26, 1987
509 So. 2d 962 (Fla. Dist. Ct. App. 1987)
Case details for

Gibson v. Courtois

Case Details

Full title:JAMES C. GIBSON, APPELLANT, v. GARTH COURTOIS AND SALLY COURTOIS, APPELLEES

Court:District Court of Appeal of Florida, Second District

Date published: Jun 26, 1987

Citations

509 So. 2d 962 (Fla. Dist. Ct. App. 1987)

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