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HomeMy WebLinkAbout0337 _ . K _ . ~ - C~ fees which may be incurred or sustained by the Lessor by reason of the Lessee's breach of any of the provisions of this Lease.lt In Che~rfield, supra.,-the LeBaee had sought a Declaratory Judgement under Chapter 86, Florida Statutes. - In thiB.- notion, the. ent~.tlemen~ to an attorney's fee is based-upon Paragraph 14 of the Lease Agreement which was- introduced into. evidence which provides as follows: "If either the Lessor or Lessee file an action to enforce any agreement contained in this Lease,. or for breach of any covenant or condition contained herein, the prevailing party shall be - entitled to a reasonable attorney's fee to be fixed by the Court in which the action ~ w~3~? hr~ ~oht _ ~-v--- - As stated above, the Defendant, JOAN P. STANTON, filed a Counterclaim for specific performance of the Lease provisions and it is my finding that~for this reason he is entitled to a reasonable attorney's fee for the services of his attorney. The Court finds from the evidence- that the intention of-the - parties as expressed in Paragraph 14 of the Lease is that if circumstances require that either the Lessor or Lessee have to resort to the Courts, then the prevailing party is entitled to an attorney's fee. I further find that the sum of " ~ $2,000.00 is a reasonable attorney's fee under the facts of this case. It is thereupon, ORDERED AND ADJUDGED that the Motion to Tax Costs and Assess Attorney's Fees is granted. The Defendant and Counterclaimant, JOHN P. STANTON, shall have and recover from the Plaintiff, RIVERHOUSE CORPORATION, the sum of $27.75 as taxable costs, and $2,000.00 as an attorney's fee for the services of VINCENT A. LLOYD, ESQUIRE, rendered on behalf of JOHN P. STANTON; said sums being assessed against the Plaintiff, - RIVERHOUSE CORPORATION, a Florida corporation. FOR ALL OF WHICH LET ERECUTION ISSUE. j~ DONE AND ORDERED in Chambers, Fort Pierce, St. Lucie County, Florida, this day of A.D., 1979. s ; I - j I rut ge Co ies Furnished to : 4rJr~p'r recent oy squire Ben L. Bryan, Esquire ~9T~ $EP 10 ~f~ 31 J. Stephen Tierney, Esquire ou ~ ~E~t-po"ic~i.