Lupetto, Inc. v. South Bay Developers Group LLC

Summary

The Third District Court of Appeal of Florida affirmed the lower court’s decision in an appeal involving Lupetto, Inc. and South Bay Developers Group LLC. The court relied on its prior decision in the same case and noted that an action for declaratory judgment may constitute an action to enforce a lease or other written instrument for purposes of awarding attorney’s fees.

Holdings

1. The circuit court's ruling was affirmed.
2. For purposes of awarding attorney's fees to a prevailing party, a suit for declaratory judgment may constitute an action to enforce the terms and conditions of a lease or other written instrument.

Questions Presented

1. Whether the circuit court's ruling should be affirmed in light of the court's prior decision in Lupetto Inc. v. South Bay Developers Group LLC.
2. Whether a suit for declaratory judgment may constitute an action to enforce the terms and conditions of a lease or other written instrument for purposes of awarding attorney's fees to a prevailing party.

Disposition

affirmed