PANAMA CITY-BAY COUNTY AIRPORT AND INDUSTRIAL DISTRICT, APPELLANT,
v.
KELLOGG BROWN & ROOT SERVICES, INC., APPELLEE
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The court held that an award of attorney's fees, costs, and expenses to a party must be reversed if that party does not prevail in the underlying litigation.
The trial court awarded attorney's fees, costs, and expenses to KBR. The Airport appealed this award.…
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This appeal arises from the final judgment awarding attorney’s fees, costs, and expenses to Appellee/Cross-Appellant Kellogg Brown & Root Services, Inc. (“KBR”) in litigation that was separately appealed to this court. See Panama City-Bay County Airport and Industrial Dist. v. Kellogg Brown & Root Servs., Inc., 1D12-4874.
Because the appellant, Panama City-Bay County Airport and Industrial District (“Airport”), has prevailed in the main appeal, the trial court’s award of prevailing party attorneys’ fees, costs, and expenses in Appellee KBR’s favor must also be reversed. See Jackson v. The Palms of Perdido, LLC, 114 So.3d 1135 (Fla. 1st DCA 2013); Marty v. Bainter, 727 So.2d 1124, 1125 (Fla. 1st DCA 1999) (“[A]n award of attorney’s fees and costs predicated on a reversed or vacated final judgment also must be reversed.”). This decision is without prejudice to KBR’s ability in the future to seek fees, costs, and expenses as the prevailing party in this litigation.1 See Prosperi v.Code, Inc., 626 So.2d 1360, 1363 (Fla.1993) (recognizing the trial court’s discretion “to consider the equities and determine which party has in fact prevailed on the significant issues”).
REVERSED and REMANDED
ROBERTS, WETHERELL AND OSTERHAUS, JJ., concur.
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Trial Practices, Inc. v. Hahn Loeser & Parks, LLP, 228 So. 3d 1184 (Fla. 2d DCA 2017)…(Fla. 2005) (recognizing that “guidelines are advisory only” and “are not intended to ... limit the amount of costs recoverable under a contract or statute”); Panama City-Bay Cty. Airport & Indus. Dist. v. Kellogg Brown & Root Servs., Inc., [*1193] 136 So. 3d 788, 788 n.1 (Fla. 1st DCA 2014) (“The parties’ contract broadly allows for the prevailing party to recover on ‘any and all claims actions, damages, losses and costs’ and ‘all costs, expenses, and attorney’s fees,’ without specifying limits, such as tho…
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Haney v. Sloan, 211 So. 3d 372 (Fla. 1st DCA 2017)…e appellant, Brittany Haney, has prevailed in the main appeal, the trial court’s award of attorneys’ fees and costs in Ms. Sloan’s favor must also be reversed. See Panama City Bay County Airport & Indus. Dist. v. Kellogg Brown & Root Services, Inc., 136 So. 3d 788 (Fla. 1st DCA 2014); see also § 768.79(1), Fla. Stat. (an attorneys’ fees award under the offer of judgment statute is predicated on a valid final judgment). This decision is without prejudice to either party seeking an award of attorneys’ fees af…
Authorities Cited
- Prosperi v. Code, Inc., 626 So. 2d 1360 (Fla. 1993)
- Grawbadger v. State, 727 So. 2d 1124 (Fla. 5th DCA 1999)
- Terry v. State, 727 So. 2d 1124 (Fla. 5th DCA 1999)
- Jackson v. THE Palms OF Perdido, LLC, 114 So. 3d 1135 (Fla. 1st DCA 2013)