Hinkley v. Gould, Cooksey, Fennell, O'Neill, Marine, Carter & Hafner, P.A.

Summary

The Florida Fifth District Court of Appeal reviewed an award of attorney's fees and costs to a closing agent that had interpleaded a disputed real estate brokerage commission. The court held that the contractual fee provision could not support the award because the broker and sales associate were not parties to the real estate purchase contract, and it reversed the fee and cost award.

Holdings

1. When entitlement to attorney's fees depends on interpreting contractual provisions or a statute as a pure question of law, the appellate court reviews entitlement de novo rather than for abuse of discretion.
2. A contractual attorney's-fee provision cannot support an award to an interpleading closing agent when the broker and sales associate involved in the commission dispute are not parties to the real estate purchase contract.

Questions Presented

1. Whether the closing agent was entitled to attorney's fees and costs under the attorney-fee provision of a real estate purchase contract when the broker and sales associate involved in the interpleaded commission were not parties to that contract.
2. What standard of review applies to the issue of entitlement to contractual attorney's fees.

Disposition

reversed