DALE J. JACKSON AND PAMELA F.A. JACKSON, APPELLANTS,
v.
THE PALMS OF PERDIDO, LLC, AND FIRST NATIONAL BANK OF FLORIDA, APPELLEES
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The appellants seek reversal of an order granting attorney fees to the appellee, The Palms of Perdido, LLC (“The Palms”), as the prevailing party in the underlying civil suit. The fee order was based on a final summary judgment in favor of The Palms, which this court recently reversed in part. See Jackson v. The Palms of Perdido, LLC, 107 So.3d 446 (Fla. 1st DCA 2013). Therefore, we reverse the order granting attorney fees to The Palms. See 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”). Reversal is without prejudice to The Palms’s right to file a future fee motion at the conclusion of the underlying litigation.
Reversed.
PADOVANO, WETHERELL, and SWANSON, JJ., concur.
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Panama City-Bay Cnty. Airport & Indus. Dist. v. Kellogg Brown & Root Servs., Inc., 136 So. 3d 788 (Fla. 1st DCA 2014)…Airport and Industrial District (“Airport”), has prevailed in the main appeal, the trial court’s award of prevailing party attorneys’ fees, costs, and expenses in Appellee KBR’s favor must also be reversed. See Jackson v. The Palms of Perdido, LLC, 114 So. 3d 1135 (Fla. 1st DCA 2013); 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.”). This decision is without prejudice to KBR’s abili…
Authorities Cited
- Grawbadger v. State, 727 So. 2d 1124 (Fla. 5th DCA 1999)
- Terry v. State, 727 So. 2d 1124 (Fla. 5th DCA 1999)
- Dale J. Jackson & Pamela F.A. Jackson v. THE Palms OF Perdido, 107 So. 3d 446 (Fla. 1st DCA 2013)