S & I INVESTMENTS, ILENE RICHMOND, AND STEPANIE RICHMOND, APPELLANTS,
v.
PAYLESS FLEA MARKET, INC., APPELLEE
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In S & I Investments v. Payless Flea Market, Inc., 36 So.3d 909 (Fla. 4th DCA 2010), involving a dispute between landlord and tenant, this Court reversed, directing entry of judgment in favor of landlord. Landlord now appeals the trial court’s order awarding attorney’s fees and costs to tenant, arguing this Court’s recent decision in the underlying appeal mandates reversal. We agree and reverse.
“Where a court awards prevailing party attorney’s fees and the underlying judgment is vacated, the attorney’s fee judgment must also be vacated.” Viets v. Am. Recruiters Enters., Inc., 922 So.2d 1090, 1096 (Fla. 4th DCA 2006); see also Marty v. Bainter, 727 So.2d 1124, 1125 (Fla. 1st DCA 1999). Because we reversed the final judgment in favor of tenant, we must also reverse the award of attorney’s fees and costs predicated thereon.
Reversed.
FARMER, DAMOORGIAN and LEVINE, JJ., concur.
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Siegel v. J.P. Morgan Chase Bank, 100 So. 3d 783 (Fla. 4th DCA 2012)…, however, the underlying judgment. Siegel v. JP Morgan Chase Bank, 71 So. 3d 935 (Fla. 4th DCA 2011). Therefore, as conceded by appellees, the award of attorney’s fees and costs must likewise be reversed. See S & I Invs. v. Payless Flea Mkt., Inc., 40 So. 3d 48, 49 (Fla. 4th DCA 2010) (quoting Viets v. Am. Recruiters Enters., Inc., 922 So. 2d 1090, 1096 (Fla. 4th DCA 2006) (“ Where a court awards prevailing party attorney’s fees and the underlying judgment is vacated, the attorney’s fee judgment must also…
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326-330 ST. Armands Circle, LLC v. GEE22, LLC, 160 So. 3d 566 (Fla. 2d DCA 2015)…Uthoff, 868 So. 2d 617, 618 (Fla. 2d DCA 2004) (“[T]he portion of the judgment awarding attorneys’ fees pursuant to the offer of judgment must be reversed because the underlying judgment has been reversed.”); S & I Invs. v. Payless Flea Mkt., Inc., 40 So. 3d 48, 49 (Fla. 4th DCA 2010) (“Because we reversed the final judgment in favor of tenant, we must ajso reverse the award of attorney’s fees and costs predicated thereon.”). Reversed. VILLANTI, C.J., and NORTHCUTT, J., Concur.…
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Anne Marie Spencer v. Digiacomo, 62 So. 3d 1168 (Fla. 4th DCA 2011)…itled to attorney’s fees and costs.”). We recently reversed the underlying order in Spencer v. DiGiacomo, 56 So. 3d 92 (Fla. 4th DCA 2011). Therefore, we must reverse the attorney’s fees order as well. See S & I Invs. v. Payless Flea Market, Inc., 40 So. 3d 48, 49 (Fla. 4th DCA 2010) (“ Where a court awards prevailing party attorney’s fees and the underlying judgment is vacated, the attorney’s fee judgment must also be vacated.’ ”) (citation omitted). Reversed. STEVENSON and TAYLOR, JJ., concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Terrie G. Viets v. Am. Recruiters Enters., Inc., 922 So. 2d 1090 (Fla. 4th DCA 2006)
- Grawbadger v. State, 727 So. 2d 1124 (Fla. 5th DCA 1999)
- Terry v. State, 727 So. 2d 1124 (Fla. 5th DCA 1999)
- S & I Invs. v. Payless Flea Mkt., Inc., 36 So. 3d 909 (Fla. 4th DCA 2010)