Black Diamond Properties, Inc. v. Haines

District Court of Appeal of Florida

Black Diamond Properties, Inc. v. Haines

90 So. 3d 851, 2012 WL 1885909, 2012 Fla. App. LEXIS 8394

CourtDistrict Court of Appeal of Florida

DecidedMay 25, 2012

DocketNo. 5D11-589

StatusPublished

Cited by1 cases

This text of 90 So. 3d 851 (Black Diamond Properties, Inc. v. Haines) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Black Diamond Properties, Inc. v. Haines, 90 So. 3d 851, 2012 WL 1885909, 2012 Fla. App. LEXIS 8394 (Fla. Ct. App. 2012).

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Opinion

PALMER, J.

Appellants, Black Diamond Properties, Inc., Black Diamond Realty, Inc., and Stanley C. Olsen appeal an order awarding statutory prevailing-party attorney’s fees and costs to appellees, Charles and Kathy Haines, Angelo and Brenda Masut, Tom Howell, and Richard Conboy. See § 817.41(6), Fla. Stat. (1997). The award was based on the previously entered final judgment finding that the appellees had sustained damages as a result of the appellants’ misleading advertising, as prohibited by section 817.41(2). While this appeal was pending, we reversed and remanded the final judgment entered in favor of the appellees. Black Diamond Properties, Inc. v. Haines, 69 So.3d 1090 (Fla. 5th DCA 2011). As such, the award of attorney’s fees and costs must be reversed because the appellees are no longer prevailing parties. See Montgomery v. English, 902 So.2d 836 (Fla. 5th DCA 2005); F.J.W. Enters. Inc. v. Johnson, 749 So.2d 573 (Fla. 5th DCA 2000); Ass’n Fin. Servs., Inc. v. Lewis, 551 So.2d 590 (Fla. 5th DCA 1989).

REVERSED and REMANDED.

SAWAYA and MONACO, JJ., concur.

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PALMER, J.

Appellants, Black Diamond Properties, Inc., Black Diamond Realty, Inc., and Stanley C. Olsen appeal an order awarding statutory prevailing-party attorney’s fees and costs to appellees, Charles and Kathy Haines, Angelo and Brenda Masut, Tom Howell, and Richard Conboy. See § 817.41(6), Fla. Stat. (1997). The award was based on the previously entered final judgment finding that the appellees had sustained damages as a result of the appellants’ misleading advertising, as prohibited by section 817.41(2). While this appeal was pending, we reversed and remanded the final judgment entered in favor of the appellees. Black Diamond Properties, Inc. v. Haines, 69 So.3d 1090 (Fla. 5th DCA 2011). As such, the award of attorney’s fees and costs must be reversed because the appellees are no longer prevailing parties. See Montgomery v. English, 902 So.2d 836 (Fla. 5th DCA 2005); F.J.W. Enters. Inc. v. Johnson, 749 So.2d 573 (Fla. 5th DCA 2000); Ass’n Fin. Servs., Inc. v. Lewis, 551 So.2d 590 (Fla. 5th DCA 1989).

REVERSED and REMANDED.

SAWAYA and MONACO, JJ., concur.

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Bluebook (online)

90 So. 3d 851, 2012 WL 1885909, 2012 Fla. App. LEXIS 8394, Counsel Stack Legal Research, https://law.counselstack.com/opinion/black-diamond-properties-inc-v-haines-fladistctapp-2012.

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