According to this case from the Third District Court of Appeal, the prevailing party attorney’s fees clause in the mediation agreement that specified: “If either party breaches this Agreement or files a modification petition, the prevailing party shall receive his or her attorney fees” means just that. No requirement that the breach be “willful” can be interpreted from this language as was done by the trial court judge. Contractual provisions are strictly construed and the former Wife, as the prevailing party on a significant issue, was entitled to her attorneys fees.
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