Blue Infiniti, LLC and Jorge Diaz-Cueto v. Annette Cassells Wilson and Ricky Wilson

170 So. 3d 136, 2015 Fla. App. LEXIS 10400
CourtDistrict Court of Appeal of Florida
DecidedJuly 8, 2015
Docket4D14-813 and 4D14-887
StatusPublished
Cited by18 cases

This text of 170 So. 3d 136 (Blue Infiniti, LLC and Jorge Diaz-Cueto v. Annette Cassells Wilson and Ricky Wilson) 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
Blue Infiniti, LLC and Jorge Diaz-Cueto v. Annette Cassells Wilson and Ricky Wilson, 170 So. 3d 136, 2015 Fla. App. LEXIS 10400 (Fla. Ct. App. 2015).

Opinion

CONNER, J.

Blue Infiniti, LLC and Jorge Diaz-Cue-to (collectively, “Blue Infiniti”), appeal the trial court’s order granting the appellees’ motion for attorney’s fees as the prevailing party and motion for sanctions pursuant to section 57.105, Florida Statutes (2013). Blue Infiniti argues that the trial court erred in awarding prevailing party fees after Blue Infiniti voluntarily dismissed the case upon the appellees substantially paying the debt owed shortly after suit was filed, and in awarding section 57.105 fees without holding an evidentiary hearing and making written findings. We agree with Blue Infiniti’s arguments as to both fee awards, and reverse.

Factual Background and Trial Proceedings

The facts of the underlying case arose out of a loan between sisters. Apparently *138 because of the appellees’ financial difficulties in paying their mortgage, Blue Infiniti, an entity owned by the lending sister, made a loan to the appellees, evidenced by a note and secured by another mortgage on the same property. In August 2012, after the appellees failed to make payments on the note, Blue Infiniti filed a three-count complaint against the appel-lees for: (1) foreclosure, (2) amount due, and (3) civil Racketeer Influenced and Corrupt Organizations (“RICO”).

Three weeks later, on September 13, 2012, the appellees sent to Blue Infiniti a letter claiming that the foreclosure count was premature because the note amount did riot become fully due and owing until September 15, 2012, pursuant to the note’s terms. Appellees enclosed a check in the amount which the letter stated was to satisfy the “amount due and owing together with interest.” Litigation, however, proceeded. In January 2013, the appellees filed a motion for sanctions pursuant to section 57.105, as to only the RICO count, claiming that count was not “[ (a) ] supported by the material facts necessary to establish that claim and/or (b) would not be supported by the application of existing law to the material facts pertaining to a Civil RICO claim.” In May 2013, Blue Infiniti filed a notice of voluntary dismissal with prejudice for all three counts. In response, the appellees filed a motion for an award of prevailing party attorney’s fees.

A hearing was held on the appellees’ motion for sanctions pursuant to section 57.105 and motion for prevailing party attorney’s fees. In support of its motion, appellees argued that since the litigation ended in a voluntary dismissal, they were the prevailing party, and cited case law in support of the position that a defendant is the prevailing party when the plaintiff voluntarily dismisses the case. They also argued that the civil RICO claim had no basis in law or facts, and therefore, Blue Infiniti should be sanctioned. Blue Infiniti countered that although a voluntary dismissal can result in the defendants as the prevailing party, the court had to look at the substance of the proceeding and dismissal, and since Blue Infiniti dismissed the case after the appellees substantially paid the amount that was owed, it was the prevailing party. However, when Blue In-finiti’s attorney attempted to testify in response to the motion for section 57.105 sanctions, the trial court stated that it did not see how his testimony would be relevant.

The trial court entered its written order granting both of the appellees’ motions, finding 'that the appellees were the prevailing party “based upon the Voluntary Dismissal, with Prejudice, filed by Blue Infini-ti, LLC” and 57.105 fees were warranted because “the Civil RICO claim was frivolous.” Blue Infinti gave notice of this appeal.

Appellate Analysis Prevailing PaHy Attorney’s Fees

“The standard of review for a trial court’s ruling on the issue of prevailing party attorney’s fees is abuse of discretion.” Newton v. Tenney, 122 So.3d 390, 392 (Fla. 4th DCA 2013) (citing Shands Teaching Hosp. & Clinics, Inc. v. Mercury Ins. Co. of Fla., 97 So.3d 204, 213 (Fla.2012)).

“[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.” Moritz v. Hoyt Enters., Inc., 604 So.2d 807, 810 (Fla.1992). At the hearing, the appellees mainly quoted general case law stating that when a plaintiff voluntarily dismisses a case, then the defendant is the prevailing party. However, while this may be a gen *139 eral rule, there is a recognized exception that directly applies to this case.

Padow v. Knollwood Chib Ass’n, 889 So.2d 744 (Fla. 4th DCA 2003), dealt with the exception to the general rule and is factually similar to this case. There, a condominium association filed a complaint against Padow for failing to pay maintenance fees. Id. at 745. After the suit was filed, Padow sent the association a check for $2,000, which the association did not consider to have satisfied all of Padow’s debt. Id. The association filed a motion for summary judgment, and the trial court denied its motion, finding that the $2,000 check had satisfied the fees and costs owed by Padow. Id. About seven months later, the association filed a voluntary dismissal without prejudice. Id. Padow then filed a motion for attorney’s fees, as the prevailing party. At the fee hearing, the association explained it voluntarily dismissed the case “because it had gotten most of what it had sought when filing its suit and ... it did not believe that it was worth while [sic] for a small [c]ondominium [association to continue to litigate indefinitely under those circumstances.” Id. (internal quotation marks omitted). The trial court denied Padow’s motion for fees. Id.

On appeal, Padow quoted cases standing for the general proposition that a voluntary dismissal by the plaintiff results in the defendant as the prevailing party. Id. at 745-46. However, we stated:

[A] defendant is not automatically the prevailing party for the purpose of an attorney’s fee statute when a plaintiff takes a voluntary dismissal. Here, Pa-dow cannot be a “prevailing party” within the meaning of section 718.303(1) because he paid the substantial part of the association’s claim for delinquent assessments prior to the voluntary dismissal.

Id. at 746. We also agreed with the trial court’s reasoning behind finding that Pa-dow was not the prevailing party] by explaining that, “to find that Padow was the prevailing party under these circumstances would require a plaintiff to fight every case to judgment, even though it ‘achieved all of the legitimate goals of [its] suit,’ which was not a goal of the legislature in passing the statute [allowing attorney’s fees].” Id. at 745^16.

The exception to the general rule discussed in Padow applies to this case. Two of the three counts that Infiniti filed against the appellees were for the amount that the appellees owed on the note, with one of the counts seeking foreclosure. Although the check that the appellees sent to Blue Infiniti, in an attempt to satisfy its debt, was for $1,575.00 less than the amount that Infiniti requested in its com.plaint 1

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Cite This Page — Counsel Stack

Bluebook (online)
170 So. 3d 136, 2015 Fla. App. LEXIS 10400, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blue-infiniti-llc-and-jorge-diaz-cueto-v-annette-cassells-wilson-and-fladistctapp-2015.