OCEAN CLUB COMMUNITY ASSOCIATION, INC., APPELLANT/CROSS-APPELLEE,
v.
PETER CURTIS, APPELLEE/CROSS-APPELLANT
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Ocean Club Community Association appealed a money judgment in favor of Curtis and cross-appealed the summary judgment dismissing its breach of contract claim. The Florida District Court of Appeal affirmed both outcomes, finding no reversible error in either the judgment for Curtis or the summary judgment against the Association.
The court affirmed both the money judgment for Curtis and the summary judgment against the Association on its breach of contract claim, finding no reversible error in either ruling.
[1] An appeal from a money judgment and a cross-appeal from a summary judgment may both be affirmed if no reversible error is demonstrated on either.
[2] Issues concerning the recovery of attorney's fees are not ripe for consideration in the absence of an actual award of fees.
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Join FLexlaw to unlock all legal intelligence“No reversible error has been demonstrated either on the appeal from a money judgment for plaintiff Curtis”
Establishes the standard for review and the court's finding regarding the money judgment
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Join FLexlaw to unlock all legal intelligenceCurtis obtained a money judgment against Ocean Club Community Association. The Association also brought a breach of contract claim against Curtis, whi…
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PER CURIAM.
No reversible error has been demonstrated either on the appeal from a money judgment for plaintiff Curtis, see Carraway v. Armour & Co., 156 So. 2d 494 (Fla.1963); Marks v. Fields, 160 Fla. 789, 36 So. 2d 612 (1948); Gordon v. Camp, 2 Fla. 422 (1849); Tubbs v. State, 897 So. 2d 520, 522 (Fla. 3d DCA 2005), or on the cross-appeal from the summary judgment against him on his claim for breach of contract. See DeMarco v. Publix Super Mkts., Inc., 384 So. 2d 1253 (Fla.1980); Spanish Broadcasting Sys. of Fla., Inc. v. Alfonso, 689 So. 2d 1092 (Fla. 3d DCA 1997); Ross v. Twenty-Four Collection, Inc., 617 So. 2d 428 (Fla. 3d DCA 1993); Crawford v. David Shapiro & Co., 490 So. 2d 993 (Fla. 3d DCA 1986); Mayo v. Highland Park Hosp. Corp., 460 So. 2d 571 (Fla. 3d DCA 1984).
We do not pass upon any issue relating to the recovery of attorney’s fees for conversion under the theft statute, see § 772.11, Fla. Stat. (2004); S. Express Co. v. Van Meter, 17 Fla. 783 (1880); Recio v. Kent Sec. Servs., Inc., 727 So. 2d 320 (Fla. 3d DCA 1999); Martin v. Golden Corral Corp., 601 So. 2d 1316 (Fla. 2d DCA 1992); Belford Trucking Co. v. Zagar, 243 So. 2d 646, 648-49 (Fla. 4th DCA 1970); United States v. Bailey, 419 F. 3d 1208 (11th Cir. 2005), or under the wages statute, § 448.08, Fla. Stat. (2004), because, in the absence of an actual award of fees, the matter is not ripe for consideration. See Nye v. HCI Mfg., Inc., 901 So. 2d 304 (Fla. 2d DCA 2005); Lydolph v. Davidson, 880 So. 2d 817 (Fla. 1st DCA 2004); Mem’l Sloan-Kettering Cancer Ctr. v. Levy, 681 So. 2d 842 (Fla. 3d DCA 1996); Winkelman v. Toll, 632 So. 2d 130 (Fla. 4th DCA 1994).
Affirmed.
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Ocean Club Cmty. Ass'n, Inc. v. Curtis, 935 So. 2d 513 (Fla. 3d DCA 2006)…smissed. Following the non-jury trial, in December 2004, the trial court entered a final judgment awarding $1,717.82 to the plaintiff on the conversion/unpaid wages claim, which this court [*515] affirmed on appeal. Ocean Club Cmty. Ass’n v. Curtis, 934 So. 2d 522 (Fla. 3d DCA 2005). The plaintiffs attorney, Peter Capua, submitted a verified petition for attorney’s fees, which was supported by a copy of the attorney engagement agreement, an attorney fee affidavit, a costs statement, and two supplemental affi…
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In re Asbestos Litig. Mobil Corp. v. Mallia, 933 So. 2d 613 (Fla. 3d DCA 2006)…see how such an advisory opinion can be a departure from the essential requirements of law. We do not recognize the appealability of an order on attorney’s fees in the absence of an actual award of fees, see Ocean Club Cmty. Ass’n, Inc. v. Curtis, 934 So. 2d 522, 2005 WL 2993845 (Fla. 3d DCA Nov. 9, 2005)(“the matter is not ripe for consideration”), yet we are today granting the extraordinary remedy of certiorari in the absence of an actual case, a litigant, a factual scenario, or any other indicia of a cas…
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Orange Cnty. v. Hewlings, 152 So. 3d 812 (Fla. 5th DCA 2014)…jurisdiction, because the order entered below determined only entitlement to attorney’s fees without setting the amount of those fees. Appellee raised this jurisdictional impediment in her answer brief,2 citing Ocean Club Community Ass’n v. Curtis, 934 So. 2d 522, 523 (Fla. 3d DCA 2005). Rather than address this issue in its reply brief or otherwise, Appellant chose to ignore the jurisdictional issue and forge ahead with its appeal and request for oral argument. At oral argument, Appellant’s counsel cast the…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (17 total)
- Winkelman v. Toll, 632 So. 2d 130 (Fla. 4th DCA 1994)
- Belford Trucking Co., Inc. v. Zagar, 243 So. 2d 646 (Fla. 4th DCA 1970)
- Carraway v. Armour & Co. & the Fla. Indus. Comm'n, 156 So. 2d 494 (Fla. 1963)
- DeMARCO v. Publix Super Mkts., Inc., 384 So. 2d 1253 (Fla. 1980)
- Marks v. Fields, 160 Fla. 789 (Fla. 1948)
- Gordon v. Camp, 2 Fla. 422 (Fla. 1849)
- United States v. Bailey, 419 F.3d 1208 (11th Cir. 2005)
- Terence B. Crawford v. David Shapiro & Co., P.A., 490 So. 2d 993 (Fla. 3d DCA 1986)
- Ross v. Twenty-Four Collection, Inc., 617 So. 2d 428 (Fla. 3d DCA 1993)
- Mem'l Sloan-Kettering Cancer Ctr. v. Salomon Levy and Donald H. Kane, 681 So. 2d 842 (Fla. 3d DCA 1996)