M.A. HAJIANPOUR, M.D., P.A., A FLORIDA PROFESSIONAL ASSOCIATION; ZOYA PHYSICAL THERAPY AND REHABILITATION CENTER, INC.; AND M.A. HAJIANPOUR, M.D., APPELLANTS,
v.
KHOSROW MALEKI, P.A., A FLORIDA PROFESSIONAL ASSOCIATION; AND KHOSROW MALEKI, M.D., INDIVIDUALLY, APPELLEES
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Hajianpour appeals a trial court order denying his request for prevailing party attorney's fees in a contract dispute with Maleki. The court held that Hajianpour was not the prevailing party on the significant issues in litigation because the parties essentially battled to a draw—Maleki won on the merits of his counterclaims but recovered no damages. The appellate court affirmed the denial of attorney's fees.
Hajianpour is not entitled to prevailing party attorney's fees because he was not the prevailing party on the significant issues in litigation. Although Hajianpour prevailed in Maleki II on the damages issue, Maleki prevailed on the significant issues by defeating Hajianpour's complaint and succeeding on his counterclaims in Maleki I, resulting in the parties battling to a draw, and it is not an abuse of discretion to decline to award attorney's fees when neither party clearly prevails.
[1] A party is considered the prevailing party for the purpose of attorney's fees when they win on the significant issues in litigation.
[2] A trial court's decision on whether to award prevailing party attorney's fees is reviewed for an abuse of discretion.
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Establishes the legal standard for determining prevailing party status in fee-shifting disputes.
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Join FLexlaw to unlock all legal intelligenceMaleki entered into a two-year employment agreement with Hajianpour to work as an orthopedic surgeon, with provisions allowing termination without cau…
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DAMOORGIAN, J.
Hajianpour appeals from an order declining to grant him prevailing party attorney’s fees. The trial court held that Ha-jianpour was not the prevailing party on the significant issues in litigation. We agree with the trial court and affirm.
By way of background, Maleki entered into a two-year employment agreement with Hajianpour to work as an orthopedic surgeon in his practice on September 1, 1990. The agreement allowed for termination without cause with sixty days notice, and called for prevailing party attorney’s fees. Hajianpour gave notice that the contract would terminate in 1992 and filed an action for declaratory judgment to prevent Maleki from exercising a stock option. Maleki counterclaimed for anticipatory breach of contract, fraud in the inducement, declaratory judgment, and breach of contract.
The trial court entered summary judgment for Hajianpour.
On appeal, this Court reversed and ordered that summary judgment be entered in favor of Maleki. Khosrow Maleki, P.A. v. M.A. Hajianpour, M.D., P.A., 771 So. 2d 628 (Fla. 4th DCA 2000) (Maleki I).
Maleki thereafter sought damages for breach of contract. A jury awarded Ma-leki over four million dollars in damages. This Court reversed on appeal finding that Maleki’s damage calculations were purely speculative and ordered that judgment be granted in favor of Hajianpour. M.A. Hajianpour, M.D., P.A. v. Kkosrow Maleki, P.A., 932 So. 2d 459 (Fla. 4th DCA 2006) rev. denied 949 So. 2d 198 (Fla.2007) (Maleki II).
Hajianpour then moved for prevailing party attorney’s fees. He asserted that he was the prevailing party because Maleki II found that he had owed no financial obligation to Maleki.
The trial court denied the motion, holding that Hajianpour was not the prevailing party because he had lost the significant issues in litigation in Maleki I. Hajianpour appeals this order. The standard of review for prevailing party attorney’s fees is abuse of discretion. Turovets v. Khromov, 943 So. 2d 246 (Fla. 4th DCA 2006).
The trial court must enforce contractually provided for attorney’s fees absent compelling circumstances. Hutchinson v. Hutchinson, 687 So. 2d 912 (Fla. 4th DCA 1997). For the purpose of attorney’s fees, the prevailing party is the party that won on the significant issues in litigation. Moritz v. Hoyt Enters., Inc., 604 So. 2d 807 (Fla.1992).
Maleki prevailed on the significant issues in litigation by defeating Hajianp-our’s complaint and succeeding on his own counterclaims (Maleki I) despite never collecting damages (.Maleki II). See Scutti v. Daniel E. Adache & Assos. Architects, P.A., 515 So. 2d 1023, 1024-25 (Fla. 4th DCA 1987); see also Stout Jewelers, Inc. v. Corson, 639 So. 2d 82 (Fla. 2d DCA 1994). As such, it appears that the parties battled to a draw. It is not an abuse of discretion to decline to award attorney’s fees when a court determines that neither party prevailed. See Merchants Bonding Co. v. City of Melbourne, 832 So. 2d 184, 186 (Fla. 5th DCA 2002).
Thus, Hajianp-our is not entitled to attorney’s fees as he was not the prevailing party on the significant issues in litigation. See Green Cos. Inc. v. Kendall Racquetball Inv., Ltd., 658 So. 2d 1119 (Fla. 3d DCA 1995). We therefore affirm.
Affirmed.
KLEIN and HAZOURI, JJ., concur.
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Authorities Cited
- Moritz v. Hoyt Enters., Inc., 604 So. 2d 807 (Fla. 1992)
- Khosrow Maleki, P.A. v. M.A. Hajianpour, M.D., P.A., 771 So. 2d 628 (Fla. 4th DCA 2000)
- The Green Cos., Inc. v. Kendall Racquetball Inv., Ltd., 658 So. 2d 1119 (Fla. 3d DCA 1995)
- Candyce E. Hutchinson v. Hutchinson, 687 So. 2d 912 (Fla. 4th DCA 1997)
- F.V. Scutti v. Daniel E. Adache & Assocs. Architects, P.A., 515 So. 2d 1023 (Fla. 4th DCA 1987)
- Merchs. Bonding Co. (Mutual) v. City OF Melbourne, 832 So. 2d 184 (Fla. 5th DCA 2002)
- Feldman v. Am. Motors Sales Corp., 639 So. 2d 82 (Fla. 3d DCA 1994)
- Robby Eugene Hogan v. State, 932 So. 2d 459 (Fla. 4th DCA 2006)
- Lescher v. Florida Dept. of Highway Safety and Motor Vehicles, 949 So. 2d 198 (Fla. 2007)
- Leonid Turovets v. Khromov, 943 So. 2d 246 (Fla. 4th DCA 2006)