Decisions without Published Opinions.
APPEAL DISMISSED.
because it could not convey those properties to Four Seasons. Hence, it was not entitled to an award of interest under the provisions of paragraph 7 of the Option Agreement. Points XI and XII are granted.
As best we discern Four Seasons' thirteenth point relied on, it challenges the award of attorney's fees and costs granted to HRS by the trial court. Four Seasons maintains that at trial HRS did not distinguish between the attorney's fees it had expended in pursuing its claim under Count I for specific performance and those expended in pursuing its claim under Count II for misrepresentation, which the trial court specifically found to be moot. Having already determined that the trial court erred in entering its partial summary judgment in favor of HRS for specific performance, HRS was not entitled to attorney's fees and costs pursuant to paragraph 19 of the Option Agreement. The trial court erred in its award of attorney's fees and costs to HRS. Point XIII has merit.
That part of the Order and Judgment of the trial court granting HRS' Motion for Partial Summary Judgment is reversed, together with any declarations and affirmative relief, including attorney's fees, costs, and interest, arising from the grant of partial summary judgment. Also reversed is the trial court's determination that Count II of the counterclaim of HRS is moot. Count II of the counterclaim of HRS remains viable. In all other respects the Order and Judgment of the trial court is affirmed.
BATES, P.J., and BURRELL, J., concur.