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PRECISION TUNE AUTO CARE, INC. v. RADCLIFFE

No. 4D00-3478.

815 So.2d 708 (2002)

PRECISION TUNE AUTO CARE, INC., a Virginia corporation, Appellant, v. James E. RADCLIFFE, individually, and Performance Concepts, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 31, 2002.

Attorney(s) appearing for the Case

Glen R. Goldsmith and Alan N. Jockers of Glen R. Goldsmith & Associates, P.A., Miami, and Philip M. Burlington of Caruso, Burlington, Bohn & Compiani, P.A., West Palm Beach, for appellant.

Robert C. Weill, John R. Hargrove, and W. Kent Brown of Heinrich Gordon Hargrove Weihe & James, P.A. Fort Lauderdale, for appellees.

GROSS, J.

Precision Tune Auto Care, Inc. timely appeals from a final judgment for attorney's fees, pursuant to section 57.105(2), Florida Statutes (1998),1 in favor of appellees James E. Radcliffe and Performance Concepts, Inc.

In 1994, Precision Tune entered into an agreement with Performance and Radcliffe allowing them to operate a "Precision Tune" franchise in West Palm Beach. Section 25.1 of the contract provided that:

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