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509 So. 2d 962

509 So.2d 962

12 Fla.L.Weekly 1577

Gibson v. Courtois

District Court of Appeal of Florida · decided 1987-06-26

Cited by 2 later decisions — most recently March 1989

2 state decisions

Relies on 458 So. 2d 269 - Florida Bar v. Johnson · Leitman v. Boone · 485 So. 2d 424 - Florida Bar v. MacKenzie

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Decided 1987-06-26

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PER CURIAM.

¶1This is an appeal from a postjudgment order which denied appellant’s motion for attorney’s fees. We affirm.

¶2Appellant’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 appel-lees 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).

¶3Because 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 Weinerand 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.
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