U.S. BANK NATIONAL ASSOCIATION, ETC.
v.
JASON TRANUMN AND D'HONOUR TRANUMN

Fla. 1st DCA | 2018-02-08
No. 16-2577
Barnett
Florida District Court of Appeal, First District (2018)

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Holding

When a final judgment is reversed or vacated on appeal, any award of attorney's fees and costs predicated on that judgment must also be reversed.


Headnotes

[1] An award of attorney's fees and costs predicated on a final judgment must be vacated when the underlying judgment is reversed or remanded on appeal.

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Key Quotes

“an award of attorney's fees and costs predicated on a reversed or vacated final judgment also must be reversed”

Court's holding regarding the consequence of reversing the underlying judgment

Facts & Procedural History

U.S. Bank National Association appealed a judgment against it in favor of Jason Tranumn and D'Honour Tranumn, which included an award of prevailing pa…

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Opinion of the Court

of an award of prevailing party attorney’s fees. Consequently, an award of attorney’s fees and costs predicated on a reversed or vacated final judgment also must be reversed.”).

REVERSED and REMANDED with instruction to vacate award of attorney’s fees.

ROWE, MAKAR, and KELSEY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

_____________________________ Dean A. Morande and Michael K. Winston of Carlton Fields Jorden Burt, P.A., West Palm Beach, for Appellant. Brian Lee of Schuler & Lee, P.A., Jacksonville, for Appellees.


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