FL - 7, INC.
v.
S W F PREMIUM REAL ESTATE, L L C
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When an appellate court reverses a final judgment, the party originally awarded attorney's fees as the prevailing party loses that status and the fee award must also be reversed.
[1] When an appellate court reverses a final judgment, any award of attorney's fees to the prevailing party predicated upon that judgment is also reversed and must be vacated…
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.”
Court's citation to Marty v. Bainter explaining the controlling principle.
FL-7, Inc. appealed a final summary judgment in favor of SWF Premium Real Estate, LLC (Engel & Volkers), and successfully obtained reversal of that un…
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
FL-7, INC., ) ) Appellant, )
) v. ) Case No. 2D17-4321 ) SWF PREMIUM REAL ESTATE ) LLC., d/b/a ENGEL & VOLKERS, ) a Florida limited liability company, ) ) Appellee. ) )
Opinion filed March 1, 2019.
Appeal from the Circuit Court for Collier County; James R. Shenko, Judge.
Christyna M. Torrez of Coleman, Hazzard, Taylor, Claus, Doupé & Diaz, P.A., Naples, for Appellant.
Brian O. Cross of Goede, Adamczyk, Deboest & Cross, PLLC, Naples, for Appellee.
ATKINSON, Judge.
FL-7, Inc. (FL-7) appeals the final judgment awarding SWF Premium Real
Estate, LLC., d/b/a Engel & Volkers (Engel & Volkers), the attorney's fees and costs that it incurred as a prevailing party after obtaining a final summary judgment. FL-7 successfully appealed that underlying judgment. See FL-7, Inc. v. SWF Premium Real
Estate, LLC, 259 So. 3d 285 (Fla. 2d DCA 2018). As such, because Engel & Volkers is no longer the prevailing party and no longer entitled to an award of fees and costs on that basis, we must reverse. See 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.").
Reversed and remanded.
NORTHCUTT and SLEET, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Grawbadger v. State, 727 So. 2d 1124 (Fla. 5th DCA 1999)
- Terry v. State, 727 So. 2d 1124 (Fla. 5th DCA 1999)
- SGM Bldg. Grp., Inc. v. SWF Premium Real Est., LLC (Fla. 2d DCA 2018)