Gareth S. Gelinas v. Accelerated Benefits Corp. ( 2005 )

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________ FILED
U.S. COURT OF
No. 04-15316 APPEALS
Non-Argument Calendar ELEVENTH CIRCUIT
________________________ JULY 5, 2005
THOMAS K. KAHN
D. C. Docket No. 03-00249-CV-ORL-31-JGG CLERK
GARETH S. GELINAS,
JEFFREY T. GELINAS, et al.,
Plaintiffs-Appellants,
versus
ACCELERATED BENEFITS CORPORATION,
AMERICAN TITLE COMPANY OF ORLANDO,
Defendants-Appellees.
________________________
Appeal from the United States District Court
for the Middle District of Florida
_________________________
(July 5, 2005)
Before HULL, WILSON and COX, Circuit Judges.
PER CURIAM:
Plaintiffs appeal the judgment of the district court awarding attorneys’ fees in
favor of Defendant, American Title Co. Of Orlando (“ATCO”). Plaintiffs do not
challenge the district court’s finding that they were third-party beneficiaries of the
Trust Agreement and Escrow and Closing Agreements between ATCO and
Accelerated Benefits Corp. In fact, Plaintiffs proceeded on that theory below. As a
third-party beneficiary of those agreements, Plaintiffs are subject to all the equities
and defenses that would be available against the promisee. See Zac Smith & Co. v.
Moonspinner Condo. Ass’n, 472 So. 2d 1324, 1324 (Fla. Dist. Ct. App. 1985) (“A
third-party beneficiary’s rights depend upon, and are measured by, the terms of the
contract between the promisor and the promisee.”); see also 17A AM. JUR. 2D
Contracts § 449 (2004). We therefore conclude that it was not error for the district
court to award ATCO attorneys’ fees on the ground that Plaintiffs were liable for such
fees pursuant to the fee-shifting provision found in the Escrow Agreement.
AFFIRMED.
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