DOOLEY AND MACK CONSTRUCTORS, INC., APPELLANT,
v.
BUILDTEC CONSTRUCTION GROUP, INC., ET AL., APPELLEES
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PER CURIAM.
This is an appeal from an award of attorney’s fees and costs to appellee Developers Surety and Indemnity Co., as the prevailing party in the underlying action. While this appeal was pending, this Court reversed and remanded the final summary judgment in that action. Dooley & Mack Constructors, Inc. v. Developers Sur. & Indem. Co., 972 So. 2d 893 (Fla. 3d DCA 2007). Thus, Developers is no longer the prevailing party, and the award of attorney’s fees and costs to Developers must be reversed. Marty v. Bainter, 727 So. 2d 1124, 1125 (Fla. 1st DCA 1999) (“[A]n award of attorney’s fees and costs predicated on a reversed or vacated final judgment also must be reversed.”).
Accordingly, the order awarding Developers attorney’s fees and costs is vacated, and this cause is remanded to the trial court for further proceedings upon the disposition of the underlying action.
Reversed and remanded.
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Ramos v. Halpern, 46 Fla. L. Weekly D2582 (Fla. 3d DCA 2022)…and commendably concedes that, based upon our reversal of the trial court’s final judgment of dismissal, we must likewise reverse the order awarding attorney’s fees and costs. See Dooley & Mack Constructors, Inc., v. Buildtec Const. Grp., Inc., 983 So. 2d 1243 3 (Fla. 3d DCA 2008) (citing Marty v. Bainter, 727 So. 2d 1124 (Fla. 1st DCA 1999)). We reverse the order awarding attorney’s fees and costs and remand this cause for further proceedings.…
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United States v. Morrison, 46 So. 3d 1064 (Fla. 1st DCA 2010)…ently, an award of attorney’s fees and costs predicated on a reversed or vacated final judgment also must be reversed.” Marty v. Bainter, 727 So. 2d 1124, 1125 (Fla. 1st DCA 1999). Accord, Dooley & Mack Constr., Inc. v. Buildtec Constr. Group, Inc., 983 So. 2d 1243 (Fla. 3d DCA 2008); Viets v. Am. Recruiters Enters., Inc., 922 So. 2d 1090 (Fla. 4th DCA 2006). We reject the Morrisons’ argument that they prevailed on Count II in which the United States sought damages on two promissory notes that were secured b…
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Star Cas. Ins. Co. v. Gables Ins. Recovery, Inc. (Fla. 3d DCA 2022)…orted losses”). The summary judgment is reversed and remanded for further proceedings consistent with this opinion. Necessarily, we also vacate the cost judgment as well. See, e.g., Dooley & Mack Constructors, Inc. v. Buildtec Constr. Grp., Inc., 983 So. 2d 1243, 1244 (Fla. 3d DCA 2008) (“An award of attorney’s fees and costs predicated on a reversed or vacated final judgment must also be reversed.” (quotation omitted)). Reversed and remanded.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Grawbadger v. State, 727 So. 2d 1124 (Fla. 5th DCA 1999)
- Terry v. State, 727 So. 2d 1124 (Fla. 5th DCA 1999)
- Carta v. Carta, 972 So. 2d 893 (Fla. 3d DCA 2007)