JOSE ESCOBAR AND IRIS ESCOBAR
v.
NEW HAMPTON AT CENTURY VILLAGE CONDOMINIUM #IV ASSOC., INC.

Fla. 4th DCA | 2018-05-23
No. 17-3316
Gates, J., Warner, J., Gross, J., Taylor, J.
243 So. 3d 1014 Florida District Court of Appeal, Fourth District (2018) Positive Treatment
Cited by 3 cases

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Holding

Courts must look to the substance of litigation outcomes—not just procedural maneuvers—in determining which party has prevailed in an action.


Headnotes

[1] In determining which party has prevailed in litigation, courts must examine the substance of the litigation outcomes rather than focusing solely on procedural maneuvers.

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Key Quotes

“courts must look to the substance of litigation outcomes—not just procedural maneuvers—in determining the issue of which party has prevailed in an action”

Citation to Tubbs v. Mechanik Nuccio Hearne & Wester, P.A., 125 So. 3d 1034, 1041 (Fla. 2d DCA 2013)

Facts & Procedural History

Jose and Iris Escobar appealed a judgment from the Circuit Court for the Seventeenth Judicial Circuit in Broward County involving a dispute with New H…

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Opinion of the Court
Taylor

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

JOSE ESCOBAR and IRIS ESCOBAR, Appellants,

v.

NEW HAMPTON AT CENTURY VILLAGE CONDOMINIUM #IV ASSOCIATION, INC., a Florida not-for-profit corporation, Appellee.

No. 4D17-3316

[May 23, 2018]

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Michael L. Gates, Judge; L.T. Case No. 16-9286 CACE

12.

Joseph M. Pustizzi of Law Office of Joseph Pustizzi, P.A., Hollywood, for appellants.

Shelley J. Murray of Straley & Otto, P.A., Fort Lauderdale, for appellee.

PER CURIAM.

Affirmed. See Tubbs v. Mechanik Nuccio Hearne & Wester, P.A., 125 So. 3d 1034, 1041 (Fla. 2d DCA 2013) (where court wrote that “courts must look to the substance of litigation outcomes—not just procedural maneuvers—in determining the issue of which party has prevailed in an action”); Padow v. Knollwood Club Ass’n, 839 So. 2d 744, 745 (Fla. 4th DCA 2003).

WARNER, GROSS and TAYLOR, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.


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