WILLIAM L. RAMOS, JR.
v.
MICHAEL HALPERN, ETC.
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William L. Ramos, Jr. appealed an order awarding attorney's fees and costs to Michael Halpern, the prevailing party in the underlying dismissal. The court reversed its prior decision dismissing Ramos's complaint for failing to post a bond under a revocable trust agreement, rendering Halpern no longer the prevailing party. Consequently, the court reversed the attorney's fees award.
The court reversed the order awarding attorney's fees and costs to Halpern and remanded the cause for further proceedings. The reversal was necessary because the prior reversal of the dismissal judgment meant Halpern was no longer the prevailing party entitled to recover fees.
[1] An award of attorney's fees and costs to a prevailing party on dismissal is subject to reversal when the underlying judgment of dismissal is reversed on appeal.
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Join FLexlaw to unlock all legal intelligenceRamos filed a four-count amended complaint against Halpern involving a revocable trust agreement and bond requirements. The trial court dismissed the …
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Opinion filed February 9, 2022. Not final until disposition of timely filed motion for rehearing.
________________ No. 3D21-201 Lower Tribunal No. 19-34890 ________________ William L. Ramos, Jr.,
Appellant,
vs.
Michael Halpern, etc., Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Beatrice Butchko, Judge. Law Office of Hugh J. Morgan, and Hugh J. Morgan; Steven M. Goldsmith, P.A., and Steven M. Goldsmith (Boca Raton), for appellant. Waldman Barnett, P.L., and Glen H. Waldman and Marlon Weiss, for appellee. Before EMAS, HENDON and BOKOR, JJ. EMAS, J.
In related case 3D20-738, William L. Ramos, Jr. appealed the trial court’s final judgment dismissing, with prejudice, his four-count amended complaint for failing to post a bond in accordance with the terms of a revocable trust agreement that formed the subject of the litigation. We held that the trial court erred in dismissing the complaint with prejudice, and further erred in dismissing Count Four at all. We reversed the final judgment, reinstated Count Four, and directed that the dismissal of Counts One, Two and Three be without prejudice. We remanded the cause to the trial court for further proceedings consistent with that opinion. See Ramos v. Halpern, 46 Fla. L. Weekly D2582 (Fla. 3d DCA December 1, 2021).
While that appeal was pending in this court, the trial court adjudicated Halpern’s trailing motion for attorney’s fees and costs, premised upon his status as the prevailing party. The trial court granted the motion and awarded attorney’s fees and costs to Halpern, resulting in the order on appeal in the instant case.
Appellee Halpern properly and commendably concedes that, based upon our reversal of the trial court’s final judgment of dismissal, we must likewise reverse the order awarding attorney’s fees and costs. See Dooley & Mack Constructors, Inc., v. Buildtec Const. Grp., Inc., 983 So. 2d 1243 (Fla. 3d DCA 2008) (citing Marty v. Bainter, 727 So. 2d 1124 (Fla. 1st DCA 1999)).
We reverse the order awarding attorney’s fees and costs and remand this cause for further proceedings.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Ramos v. Halpern, 46 Fla. L. Weekly D2582 (Fla. 3d DCA 2022)
Authorities Cited
- Grawbadger v. State, 727 So. 2d 1124 (Fla. 5th DCA 1999)
- Dooley & Mack Constructors, Inc. v. Buildtec Constr. Grp., Inc., 983 So. 2d 1243 (Fla. 3d DCA 2008)
- Ramos v. Halpern, 46 Fla. L. Weekly D2582 (Fla. 3d DCA 2022)