LUCAS GAMES, INC., A FLORIDA CORPORATION, A/K/A LUCAS GAMING, INC., D/B/A VEGAS FUN, AND LUC MARCOUX, INDIVIDUALLY, APPELLANTS,
v.
MORRIS AR ASSOCIATES, LLC, A FOREIGN LIMITED LIABILITY COMPANY, AND BARRICK ENTERPRISES, INC., A FLORIDA CORPORATION, APPELLEES
LUCAS GAMES, INC., A FLORIDA CORPORATION, A/K/A LUCAS GAMING, INC., D/B/A VEGAS FUN, AND LUC MARCOUX, INDIVIDUALLY, APPELLANTS,
MORRIS AR ASSOCIATES, LLC, A FOREIGN LIMITED LIABILITY COMPANY, AND BARRICK ENTERPRISES, INC., A FLORIDA CORPORATION, APPELLEES
212 So. 3d 405
Florida District Court of Appeal, Fourth District (2017)
Positive Treatment
Cited by 1 case
Opinion of the Court
This is an appeal of the award of attorneys’ fees based upon the court’s order granting partial summary judgment in favor of the landlord. In a separate appeal we reversed the underlying summary judgment order. See Lucas Games Inc. v. Morris AR Assocs., LLC, 197 So.3d 1183 (Fla. 4th DCA 2016). We now reverse the award of attorneys’ fees that was based upon that order. See Siegel v. J.P. Morgan Chase, 100 So.3d 783, 783 (Fla. 4th DCA 2012).
Reversed.
Warner, Gerber and Kuntz, JJ., concur.
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Sanchez v. AN Luxury Imports OF Pembroke Pines, Inc., 216 So. 3d 723 (Fla. 4th DCA 2017)…of an award of attorney’s fees to a private person, the trial court shall consider the amount of actual damages in relation to the time spent. § 501.976, Fla. Stat. (2010). In the recent case of Gustafsson v. Aid Auto Brokers, Inc., No. 4D15-1951, 212 So. 3d 405, 407-09, 2017 WL 362579, at *2-3 (Fla. 4th DCA Jan. 25, 2017), this court unequivocally ruled that sureties are not subject to attorney’s fees under FDUTPA: Here, under the plain language of the MSA [mediated settlement agreement], GAI [the entity…
Authorities Cited
- Siegel v. J.P. Morgan Chase Bank, 100 So. 3d 783 (Fla. 4th DCA 2012)
- Lucas Games Inc. v. Morris AR Assocs., LLC, 197 So. 3d 1183 (Fla. 4th DCA 2016)