RICHARD MOORE, JR., PETITIONER,
v.
G.M.B. CORP., WATERWAYS DEVELOPMENT CORPORATION, AND KIM B. CORPORATION, A FLORIDA GENERAL PARTNERSHIP, D/B/A GABLES WATERWAY TOWERS, RESPONDENTS; G.M.B. CORP., WATERWAYS DEVELOPMENT CORPORATION, AND KIM B. CORPORATION, A FLORIDA GENERAL PARTNERSHIP, D/B/A GABLES WATERWAY TOWERS, PETITIONERS, V. RICHARD MOORE, JR., RESPONDENT
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The court granted certiorari in part, denying the corporations' challenge to the circuit court's reversal but requiring the circuit court to award appellate attorney's fees to the prevailing party Moore under the lease agreement and Florida statutes.
A prevailing party in an appeal is entitled to appellate attorney's fees under a lease agreement provision and Florida Statutes sections 59.46(1) and 83.48.
[1] A prevailing party in an appeal is entitled to recover appellate attorney's fees when the underlying lease agreement provides for such fees and Florida Statutes sections…
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Join FLexlaw to unlock all legal intelligenceRichard Moore, Jr. and G.M.B. Corporation et al. were parties to a lease agreement. The county court rendered a judgment, which the circuit court reve…
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PER CURIAM.
By these petitions for a writ of certiorari, we are asked to review an appellate decision of the circuit court.
First, we find no departure from the essential requirements of law in the circuit court’s reversal of the county court judgment herein and therefore deny the petition for a writ of certiorari filed by G.M.B. Corporation, et al. We are unpersuaded that the circuit court reweighed the evidence on appeal in reaching its decision to reverse the county court judgment on the ground of insufficient evidence. Compare Shaw v. Shaw, 334 So. 2d 13, 16 (Fla.1976).
Second, we find a departure from the essential requirements of law in the circuit court’s decision to deny appellate attorney’s fees to the prevailing party in the appeal, Richard Moore, Jr. Plainly, Richard Moore, Jr., as the prevailing party in the appeal, was entitled to appellate attorney’s fees under the lease agreement between the parties [paragraph 12] and Sections 59.46(1), 83.48, Florida Statutes (1981). We therefore grant Richard Moore Jr.’s petition for a writ of certiorari, quash that portion of the circuit court’s decision filed November 9, 1983, which denies Richard Moore, Jr.’s motion for appellate attorney’s fees, and remand the cause to the circuit court with directions to grant the aforesaid motion.
Certiorari granted in part and denied in part.
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Shaw v. Shaw, 334 So. 2d 13 (Fla. 1976)