Waterview Towers Condo. Ass'n, Inc. v. City of W. Palm Beach

District Court of Appeal of Florida

Waterview Towers Condo. Ass'n, Inc. v. City of W. Palm Beach

238 So. 3d 846

CourtDistrict Court of Appeal of Florida

DecidedMarch 7, 2018

DocketNo. 4D17–1683

StatusPublished

Cited by1 cases

This text of 238 So. 3d 846 (Waterview Towers Condo. Ass'n, Inc. v. City of W. Palm Beach) 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

Waterview Towers Condo. Ass'n, Inc. v. City of W. Palm Beach, 238 So. 3d 846 (Fla. Ct. App. 2018).

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Opinion

Per Curiam.

The issue presented in this case is the award of attorney's fees and costs to Palm Harbor Hotel. The underlying final judgment was reversed on appeal. See Waterview Towers v. City of W. Palm Beach , 232 So.3d 401 (Fla. 4th DCA 2017). An award of attorney's fees and costs predicated on a reversed or vacated final judgment must also be reversed. See Viets v. Am. Recruiters Enters., 922 So.2d 1090, 1096 (Fla. 4th DCA 2006) ; Marty v. Bainter , 727 So.2d 1124, 1125 (Fla. 1st DCA 1999).

Therefore, we reverse and remand to the trial court for vacation of the order awarding attorney's fees and costs.

Gross, Ciklin and Kuntz, JJ., concur.

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Per Curiam.

The issue presented in this case is the award of attorney's fees and costs to Palm Harbor Hotel. The underlying final judgment was reversed on appeal. See Waterview Towers v. City of W. Palm Beach , 232 So.3d 401 (Fla. 4th DCA 2017). An award of attorney's fees and costs predicated on a reversed or vacated final judgment must also be reversed. See Viets v. Am. Recruiters Enters., 922 So.2d 1090, 1096 (Fla. 4th DCA 2006) ; Marty v. Bainter , 727 So.2d 1124, 1125 (Fla. 1st DCA 1999).

Therefore, we reverse and remand to the trial court for vacation of the order awarding attorney's fees and costs.

Gross, Ciklin and Kuntz, JJ., concur.

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Bluebook (online)

238 So. 3d 846, Counsel Stack Legal Research, https://law.counselstack.com/opinion/waterview-towers-condo-assn-inc-v-city-of-w-palm-beach-fladistctapp-2018.

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