CHARLES RYAN HICKMAN AND CAROL CAVANAGH HICKMAN, APPELLANTS,
v.
BARCLAY'S INTERNATIONAL REALTY, INC., A FLORIDA CORPORATION, ROBERT WYNER, AND BJORN Q. AASEROD, APPELLEES
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Charles and Carol Hickman, the plaintiffs below, appeal the trial court’s order awarding attorney’s fees and costs to Bjorn Q. Aaserod, the defendant below, pursuant to section 768.79, Florida Statutes. “[Wlhere an award of attorney’s fees is dependent upon the judgment obtained, the reversal of the underlying judgment necessitates the reversal of the fee award.” City of Hollywood v. Witt, 939 So.2d 315, 319 (Fla. 4th DCA 2006). In Hickman v. Barclay’s International Realty, Inc., 5 So.3d 804 (Fla. 4th DCA 2009), we reversed the trial court’s order granting final summary judgment in favor of Aaserod. Therefore, we reverse the fees award as well. See Keybank Nat’l Ass’n v. Int’l Fin. Bank, 875 So.2d 672, 672-73 (Fla. 3d DCA 2004); Marty v. Bainter, 727 So.2d 1124, 1125 (Fla. 1st DCA 1999); Nathanson v. Houss, 717 So.2d 114, 117 (Fla. 4th DCA 1998).
STEVENSON, MAY and LEVINE, JJ., concur.
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Brown v. Omega Ins. Co., 46 Fla. L. Weekly D1218 (Fla. 4th DCA 2021)
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Hodge v. Cichon, 79 So. 3d 950 (Fla. 5th DCA 2012)…al summary judgment and remanded for further proceedings. See Hodge v. Cichon, 78 So. 3d 719 (Fla. 5th DCA 2012). Under these circumstances, we must also reverse the fee award entered in Appellees’ favor. See Hickman v. Barclay’s Int'l Realty, Inc., 12 So. 3d 327 (Fla. 4th DCA 2009) (reversing order granting attorney’s fees pursuant to section 768.79 where appellate court reversed trial court’s order granting final summary judgment in favor of appellees); City of Hollywood v. Witt, 939 So. 2d 315, 319 (Fla.…
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Graney v. Caduceus Props., LLC, 93 So. 3d 1243 (Fla. 1st DCA 2012)…D. We have since reversed the final judgment. See Graney v. Caduceus Props., LLC, 91 So. 3d 220 (Fla. 1st DCA 2012). We now reverse the trial court’s award of costs and fees entered in appellees’ favor. See Hickman v. Barclay’s Int’l Realty, Inc., 12 So. 3d 327, 327 (Fla. 4th DCA 2009) (reversing order granting attorney’s fees pursuant to section 768.79 where appellate court reversed trial court’s order granting final summary judgment in favor of appellees); City of Hollywood v. Witt, 939 So. 2d 315, 319 (…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Grawbadger v. State, 727 So. 2d 1124 (Fla. 5th DCA 1999)
- Terry v. State, 727 So. 2d 1124 (Fla. 5th DCA 1999)
- City OF Hollywood v. Witt, 939 So. 2d 315 (Fla. 4th DCA 2006)
- M.P. v. Dept. OF Child. & Families, 717 So. 2d 114 (Fla. 1st DCA 1998)
- Hickman v. Barclay's Int'l Realty, Inc., 5 So. 3d 804 (Fla. 4th DCA 2009)
- Verzura Constr., Inc. v. Ojito & Assocs., Inc., 875 So. 2d 672 (Fla. 3d DCA 2004)