THE WATERVIEW TOWERS CONDO. ASSOC.
v.
CITY OF WEST PALM BEACH AND PALM HARBOR HOTEL, LLC
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An award of attorney's fees and costs predicated on a reversed or vacated final judgment must also be reversed.
[1] An award of attorney's fees and costs predicated on a reversed final judgment must also be reversed.
[2] An order awarding attorney's fees and costs must be vacated when the underlying final judgment upon which it was based has been reversed on appeal.
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Court's statement of applicable law regarding consequence of reversal
In a prior appeal, the underlying final judgment in Waterview Towers v. City of West Palm Beach was reversed. Subsequently, the trial court awarded at…
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PER CURIAM. The issue presented in this case is the award of attorney’s fees and costs to Palm Harbor Hotel. The underlying final judgment was reversed on appeal. See Waterview Towers v. City of W. Palm Beach, 232 So. 3d 401 (Fla. 4th DCA 2017). An award of attorney’s fees and costs predicated on a reversed or vacated final judgment must also be reversed. See Viets v. Am. Recruiters Enters., 922 So. 2d 1090, 1096 (Fla. 4th DCA 2006); Marty v. Bainter, 727 So. 2d 1124, 1125 (Fla. 1st DCA 1999).
Therefore, we reverse and remand to the trial court for vacation of the order awarding attorney’s fees and costs. GROSS, CIKLIN and KUNTZ, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.
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Authorities 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)
- The Waterview Towers Condo. Ass'n, Inc. v. City OF W. Palm Beach, 232 So. 3d 401 (Fla. 4th DCA 2017)