James Crystal Licenses, LLC v. Infinity Radio Inc.

963 So. 2d 982, 2007 Fla. App. LEXIS 14302, 2007 WL 2609479

Opinion

PER CURIAM.

The appellants appeal an order awarding attorneys’ fees and costs to the appel-lee. We recently reversed the underlying judgment in the appellants’ favor, and remanded the matter back to the trial court for a new trial. See Whitby v. Infinity Radio Inc., 951 So.2d 890 (Fla. 4th DCA 2007). Accordingly, we also reverse the order appealed. See Fraser-Watson v. Maxim Healthcare Servs., 849 So.2d 1201 (Fla. 4th DCA 2003) (reversing an award of costs that was predicated on a reversed final judgment). If the trial court’s reconsideration of the underlying matter results in another judgment in favor of the appel-lee, the court may also reconsider the propriety of awarding attorneys’ fees and costs.

Reversed.

SHAHOOD, C.J., STEVENSON and HAZOURI, JJ., concur.