Blue Condominium Association, Inc. v. Blue Grouper Ventures, LLC

• Court: District Court of Appeal of Florida
• Decided: February 12, 2025
• Docket: 3D2024-0219
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed February 12, 2025. Not final until disposition of timely filed motion for rehearing.

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No. 3D24-0219 Lower Tribunal No. 21-14000 ________________

Blue Condominium Association, Inc., Appellant,

vs.

Blue Grouper Ventures, LLC, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, William Thomas, Judge.

Cole, Scott & Kissane, P.A., and Jennifer V. Ruiz and Francesca M. Stein, for appellant.

Mark Migdal & Hayden, and Jose M. Ferrer and Desiree Fernandez, for appellee.

Before EMAS, LOBREE and GOODEN, JJ.

PER CURIAM. Appellant Blue Condominium Association appeals an award of

attorney’s fees and costs against it. We affirm in all respects. Appellee Blue

Grouper Ventures, LLC prevailed on the significant issue in its complaint—

its breach of contract claim. See Moritz v. Hoyt Enterprises, Inc., 604 So. 2d

807, 810 (Fla. 1992) (“[T]he party prevailing on the significant issues in the

litigation is the party that should be considered the prevailing party for

attorney’s fees.”). It secured the primary relief it sought against Blue

Condominium Association. As a result, the trial court did not abuse its

discretion by awarding attorney’s fees and costs.

Affirmed.