WING KEI HO AND
v.
FOUNTAINS OF PALM BEACH CONDOMINIUM, INC. #3
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The appellate court reversed a trial court's denial of a motion to vacate a final judgment. The court found the judgment void because it did not adjudicate the issues raised in the complaint and the award of attorney's fees was premature.
Yes, the final judgment is void as a matter of law because it fails to adjudicate the issues raised in the complaint and the award of attorney's fees is premature, suffering the same deficiencies as judgments reviewed in a prior appeal.
[1] A final judgment that does not adjudicate the issues raised in the complaint is void.
[2] An award of attorney's fees is premature and void if entered before a final judgment disposing of all claims.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“We agree with the Owners that the amended final judgment as to the complaint and awarding attorney’s fees entered after remand is void.”
Establishes the court's agreement with the appellants that the judgment was void.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceAfter a prior appeal where an attorney's fee award was found to be prematurely entered, the Association filed a motion for final judgment and attorney…
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CONNER, J.
Appellants, Wing Kei Ho and Karen Yeh-Ho (“Owners”), appeal the denial of their motion to vacate a final judgment and writ of execution entered in favor of Appellee, Fountains of Palm Beach Condominium, Inc. #3 (“the Association”). Owners argue that the trial court erred because the judgment was obtained by fraud and was void because they were denied due process. We affirm the trial court without discussion as to Owners’ argument that the final judgment was fraudulently entered. However, we agree that the final judgment is void as a matter of law and reverse.
In a prior appeal of the underlying case, we dismissed in part, reversed in part, and remanded for further proceedings, determining that a judgment awarding attorney’s fees was prematurely entered prior to a final judgment disposing of all claims. Wing Kei Ho v. Fountains of Palm Beach Condo. Inc., No. 3 (Kei Ho I), 309 So. 3d 237, 239 (Fla. 4th DCA 2020).
Shortly after remand, the Association filed a motion for final judgment and an award of attorney’s fees. The Association argued that the trial court previously granted its motion for summary judgment and requested
that the trial court award it the same amount of attorney’s fees which the trial court had previously awarded in the “premature” judgment.
Less than three hours after the motion was filed, the trial court entered an “order and final judgment” against Owners, which included a final judgment as to attorney’s fees. A few hours later, the trial court entered an “amended order and final judgment,” which was virtually the same as the “order and final judgment” entered a few hours earlier, save for the correction of the date on which the “order and final judgment” was signed.
Six months later, a writ of execution was entered against Owners. Owners then filed a motion to vacate the final judgment and the writ of execution, citing Florida Rules of Civil Procedure 1.540(b)(3) and (4). The motion to vacate was denied, and Owners again gave notice of appeal.
We agree with the Owners that the amended final judgment as to the complaint and awarding attorney’s fees entered after remand is void.1 See Kei Ho I, 309 So. 3d at 239. Further, because the amended final judgment contains no final adjudication as to the complaint, the final judgment awarding attorney’s fees after remand is premature and void. See id.
Reversed and remanded for further proceedings.
WARNER and DAMOORGIAN, JJ., concur. * * *
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Wing KEI HO v. Fountains of Palm Beach Condo., 309 So. 3d 237 (Fla. 4th DCA 2022)…sed in part, and remanded for further proceedings, determining that a judgment awarding attorney’s fees was prematurely entered prior to a final judgment disposing of all claims. Wing Kei Ho v. Fountains of Palm Beach Condo. Inc., No. 3 (Kei Ho I), 309 So. 3d 237, 239 (Fla. 4th DCA 2020). Shortly after remand, the Association filed a motion for final judgment and an award of attorney’s fees. The Association argued that the trial court previously granted its motion for summary judgment and requested that…
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Rigoli v. The Preserve at Bay Hill Ests. Homeowners Ass'n, Inc. (Fla. 4th DCA 2026)…association’s contention that the order granting summary judgment was an appealable final order. An order granting summary judgment without entry of a final judgment is not an appealable order. See Ho v. Fountains of Palm Beach Condo. Inc., No. 3, 309 So. 3d 237, 238 (Fla. 4th DCA 2020). Therefore, the order here was nonfinal because it contained no language of finality and merely granted the motion for summary judgment without entering judgment or dismissing the case. See Rust v. Brown, 13 So. 3d 1105, 11…
Authorities Cited
- Wing KEI HO v. Fountains of Palm Beach Condo., 309 So. 3d 237 (Fla. 4th DCA 2022)