Marie Pierre v. Joshua Honore

• Court: District Court of Appeal of Florida
• Decided: October 1, 2025
• Docket: 3D2025-0357
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed October 1, 2025. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D25-0357 Lower Tribunal No. 23-113384-CC-23 ________________

Marie Pierre, Appellant,

vs.

Joshua Honore, Appellee.

An Appeal from the County Court for Miami-Dade County, Chiaka Ihekwaba, Judge.

Keystone Law Firm, P.A., and Frank Wolland and Eliezer S. Poupko, for appellant.

Gregory D. Curtis, for appellee.

Before LOGUE, GORDO and LOBREE, JJ.

PER CURIAM. Affirmed. See Schoenlank v. Schoenlank, 128 So. 3d 118, 121 (Fla.

3d DCA 2013) (“[W]hen the litigation ‘ends in a tie,’ with each party ‘prevailing

in part and losing in part on the significant issues,’ the trial court is well within

its discretion to deny attorney’s fees to both parties.” (quoting Loy v. Loy, 904

So. 2d 482, 484 (Fla. 3d DCA 2005))); Zhang v. D.B.R. Asset Mgmt., Inc.,

878 So. 2d 386, 387 (Fla. 3d DCA 2004) (“A trial court may properly

determine that neither party has prevailed in a contract action under

compelling circumstances.”); M.A. Hajianpour, M.D., P.A. v. Khosrow Maleki,

P.A., 975 So. 2d 1288, 1290 (Fla. 4th DCA 2008) (“[I]t appears that the

parties battled to a draw. It is not an abuse of discretion to decline to award

attorney’s fees when a court determines that neither party prevailed.”).