Wilfredo A. Diaz v. Ram Investments of South Florida, Inc.

• Court: District Court of Appeal of Florida
• Decided: June 10, 2026
• Docket: 3D2025-0760
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed June 10, 2026. Not final until disposition of timely filed motion for rehearing.

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No. 3D25-0760 Lower Tribunal No. 22-5406-CA-01 ________________

Wilfredo A. Diaz, Appellant,

vs.

RAM Investments of South Florida, Inc., Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Vivianne del Rio, Judge.

Holland & Knight LLP, Christopher N. Bellows, Jose A. Casal and Christine Fuqua Gay, for appellant.

Fente & Fente, and Manuel G. Fente, for appellee.

Before SCALES, C.J., and FERNANDEZ and BOKOR, JJ.

PER CURIAM. Appellant Wilfredo A. Diaz appeals the trial court’s March 27, 2025

Final Judgment and Order Denying Defendant’s Entitlement to Attorneys’

Fees and Costs. Appellee RAM Investments of South Florida, Inc. (“RAM”)

sued Diaz in a single-count complaint seeking an injunction to enforce the

terms of a non-competition agreement. The agreement contained a provision

entitling the prevailing party to attorney’s fees.

The trial court denied RAM’s motion for a temporary injunction 1 and

ultimately entered a final judgment in Diaz’s favor. In the final judgment, the

trial court denied Diaz’s motion seeking prevailing party attorney’s fees and

costs.

Because Diaz was the prevailing party in the underlying litigation

brought on the contract, we reverse those portions of the final judgment

denying Diaz’s claim for entitlement to prevailing party attorney’s fees, see

Fed. Vending, Inc. v. Steak & Ale of Fla., Inc., 687 So. 2d 1366, 1368 (Fla.

4th DCA 1997), and claim for costs, see § 57.041(1), Fla. Stat. (2025).

We remand with instructions to the trial court to determine the amount

of fees and costs to which Diaz, as the prevailing party in the underlying

action, is entitled.

1 We affirmed the trial court’s denial of RAM’s motion for temporary injunction. RAM Invs. of S. Fla., Inc. v. Diaz, 387 So. 3d 1214 (Fla. 3d DCA 2024).

2 Reversed and remanded with instructions.