(DOWNLOAD) "Richard B. George and Myrna Y. George v. Glenn E. Northcraft and Donna L. Northcraft" by Fifth District District Court of Appeal of Florida # eBook PDF Kindle ePub Free
eBook details
- Title: Richard B. George and Myrna Y. George v. Glenn E. Northcraft and Donna L. Northcraft
- Author : Fifth District District Court of Appeal of Florida
- Release Date : January 10, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
Richard and Myrna George appeal from a judgment which denied them an award of attorney's fees. The Georges sued Glenn and Donna Northcraft for breach of contract relating to their sale of a house to the Georges. The Northcrafts made a $5,000.00 offer of judgment pursuant to Florida Rule of Civil Procedure 1.442,1{/Cite} which failed to specify any sum for attorney's fees, nor did it contain any provision seeking to reserve such rights. The offer was accepted by the Georges, and their subsequent motion for an award of attorney's fees pursuant to the contract2{/Cite} was denied by the trial court. We affirm. We agree with out sister court's holding in River Road Construction Company v. Ring Power Corp., 454 So.2d 38 (Fla. 1st DCA 1984). A party who accepts an offer of judgment may be a ""prevailing party"" pursuant to Rule 1.442, and entitled to recover attorney's fees accruing prior to the offer.3{/Cite} However, the award of attorney's fees allowable pursuant to a contract right is an unliquidated4{/Cite} and integral part of the damages stemming form the suit on the contract.5{/Cite} As such they are not ""incidental"" to the cause of action, like costs.