PB DEVELOPERS, LLC, IVAN M. VARGAS, AND JUAN
v.
VARGAS V. YRSI, LLC

Fla. 4th DCA | 2023-08-02
No. 22-2377
Florida District Court of Appeal, Fourth District (2023)

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Holding

A circuit court errs when it awards attorney's fees in violation of a pretrial stipulation that such fees would be decided post-trial upon motion.


Headnotes

[1] A pretrial stipulation by the parties that attorney's fees will be decided post-trial upon motion bars the trial court from awarding such fees at trial or in the final ju…

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Facts & Procedural History

PB Developers, LLC, Ivan M. Vargas, and Juan V. Vargas appealed a final judgment of foreclosure and dismissal of an amended counterclaim entered in fa…

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Opinion of the Court

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Samantha Schosberg Feuer, Judge; L.T. Case No. 502018CA003520. Peter J. Snyder of Peter J. Snyder, P.A., Boca Raton, for appellants. Pierre St. Jean of Pierre St Jean, PLLC, West Palm Beach, for appellee. PER CURIAM. PB Developers, LLC, Ivan M. Vargas, and Juan V. Vargas appeal the Final Judgment of Foreclosure and Dismissal of Amended Counterclaim entered in favor of YRSI, LLC. Multiple issues are raised, and on all but one issue we affirm without discussion. For the final issue, the appellants argue the circuit court erred when it decided attorney’s fees despite the parties’ pretrial stipulation that attorney’s fees would be considered post- trial and upon motion. Additionally, the appellants argue the fee judgment was not supported by competent substantial evidence. We agree and reverse the portion of the judgment relating to attorney’s fees. We therefore remand for further proceedings limited to attorney’s fees.

Affirmed in part, reversed in part, and remanded. WARNER, DAMOORGIAN and KUNTZ, JJ., concur.

* * * Not final until disposition of timely filed motion for rehearing.


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