WILLIAM G. GRANEY, P.E. AND KTD CONSULTING ENGINEERS, INC., APPELLANTS,
v.
CADUCEUS PROPERTIES, LLC, A FLORIDA LIMITED LIABILITY COMPANY, AND TALLAHASSEE NEUROLOGICAL CLINIC, P.A., A FLORIDA PROFESSIONAL ASSOCIATION, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court reversed the trial court's award of attorneys' fees and costs to the prevailing parties because the underlying judgment in favor of those parties had been reversed on appeal.
When an appellate court reverses the underlying judgment, any award of attorneys' fees and costs predicated on that judgment must also be reversed.
[1] An award of attorneys' fees and costs predicated upon a judgment must be reversed when the underlying judgment is reversed on appeal, as there can be no prevailing party…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Once a final judgment is reversed and remanded by an appellate court, there can be no prevailing party for purposes of an award of prevailing party attorney's fees. Consequently, an award of attorney's fees and costs predicated on a reversed or vacated final judgment also must be reversed.”
Court citing Marty v. Bainter to establish the principle that fee awards dependent on reversed judgments must be reversed
Graney and KTD Consulting Engineers appealed a trial court order awarding costs and attorneys' fees to Caduceus Properties and Tallahassee Neurologica…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Prevailing Party Attorney'S Fees cases and more on FLexlaw
Appellants, William G. Graney and KTD Consulting Engineers, Inc., appeal the *1244lower court’s order awarding attorneys’ fees and costs to appellees, Caduceus Properties, LLC (Caduceus) and Tallahassee Neurological Clinic, P.A. (TNC). The lower court awarded costs to Caduceus and TNC as the prevailing parties below, pursuant to section 57.041, Florida Statutes (2011). The lower court also awarded attorneys’ fees to Caduceus pursuant to section 768.79, Florida Statutes (2011), based on the final judgment entered in favor of Caduceus against KTD. 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 (Fla. 4th DCA 2006) (“[W]here 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.”); Marty v. Bainter, 727 So.2d 1124, 1125 (Fla. 1st DCA 1999) (“Once a final judgment is reversed and remanded by an appellate court, there can be no prevailing party for purposes of an award of prevailing party attorney’s fees. Consequently, an award of attorney’s fees and costs predicated on a reversed or vacated final judgment also must be reversed.”).
BENTON, C.J., THOMAS, and SWANSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Fla. Dep't of Health v. Redner (Fla. 1st DCA 2019)…of Health v. Redner, 44 Fla. L. Weekly D 873 (Fla. 1st DCA Apr. 3, 2019). Accordingly, we now reverse the final judgment awarding costs to Mr. Redner because he is no longer the prevailing party. See William G. Graney, P.E. v. Caduceus Props., LLC, 93 So. 3d 1243, 1244 (Fla. 1st DCA 2012) (reversing award of costs as a prevailing party, where the underlying final judgment had been reversed). REVERSED and REMANDED. LEWIS, OSTERHAUS, and M.K. THOMAS, JJ., concur. _______________________…
Authorities 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)
- Graney v. Caduceus Props., LLC, 91 So. 3d 220 (Fla. 1st DCA 2012)
- Hickman v. Barclay's Int'l Realty, Inc., 12 So. 3d 327 (Fla. 4th DCA 2009)
- Reddix v. State, 12 So. 3d 327 (Fla. 4th DCA 2009)