BLACK DIAMOND PROPERTIES, INC., BLACK DIAMOND REALTY, INC., AND STANLEY C. OLSEN, APPELLANTS,
v.
CHARLES S. HAINES, KATHY HAINES, RICHARD O. CONBOY, JACKSON RANDOLPH, LARRY LAUKKA, ANGELO MASUT, BRENDA MASUT AND TOM HOWELL, APPELLEES
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Appellants, Black Diamond Properties, Inc., Black Diamond Realty, Inc., and Stanley C. Olsen appeal an order awarding statutory prevailing-party attorney’s fees and costs to appellees, Charles and Kathy Haines, Angelo and Brenda Masut, Tom Howell, and Richard Conboy. See § 817.41(6), Fla. Stat. (1997). The award was based on the previously entered final judgment finding that the appellees had sustained damages as a result of the appellants’ misleading advertising, as prohibited by section 817.41(2). While this appeal was pending, we reversed and remanded the final judgment entered in favor of the appellees. Black Diamond Properties, Inc. v. Haines, 69 So.3d 1090 (Fla. 5th DCA 2011). As such, the award of attorney’s fees and costs must be reversed because the appellees are no longer prevailing parties. See Montgomery v. English, 902 So.2d 836 (Fla. 5th DCA 2005); F.J.W. Enters. Inc. v. Johnson, 749 So.2d 573 (Fla. 5th DCA 2000); Ass’n Fin. Servs., Inc. v. Lewis, 551 So.2d 590 (Fla. 5th DCA 1989).
REVERSED and REMANDED.
SAWAYA and MONACO, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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RAY Coudriet Builders, Inc. v. R.K. Edwards, Inc., 157 So. 3d 484 (Fla. 5th DCA 2015)…nd draw all reasonable inferences in favor of the pleader. Wallace v. Dean, 3 So. 3d 1035,1042-43 (Fla.2009). The trial court’s separate order awarding Edwards’ reasonable attorney’s fees is also reversed.1 See Black Diamond Props., Inc. v. Haines, 90 So. 3d 851, 851 (Fla. 5th DCA 2012) (reversing an order awarding attorney’s fees where underlying [*486] final judgment entered in favor of appel-lees had been reversed). REVERSED and REMANDED. COHEN and EDWARDS, JJ., concur. . Based on our determination th…
Authorities Cited
- Montgomery v. English, 902 So. 2d 836 (Fla. 5th DCA 2005)
- Ass'n Fin. Servs., Inc. v. Lewis, 551 So. 2d 590 (Fla. 5th DCA 1989)
- Black Diamond Props., Inc. v. Haines, 69 So. 3d 1090 (Fla. 5th DCA 2011)
- Shuman v. State, 69 So. 3d 1090 (Fla. 1st DCA 2011)
- Walton v. State, 749 So. 2d 573 (Fla. 2d DCA 2000)
- F.J.W. Enters., Inc. v. Johnson, 749 So. 2d 573 (Fla. 5th DCA 2000)