WILLIAM KEMPTON
v.
LAWRENCE MCCOMB, GREGORY DAVIS AND MARIANNE CARTER
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When an appellate court reverses an underlying judgment, any award of attorney's fees dependent upon that judgment must also be reversed.
[1] Where an award of attorney's fees is dependent upon the judgment obtained, reversal of the underlying judgment necessitates reversal of the fee award.
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Join FLexlaw to unlock all legal intelligence“[W]here an award of attorney's fees is dependent upon the judgment obtained, the reversal of the underlying judgment necessitates the reversal of the fee award.”
Citation to City of Hollywood v. Witt, 939 So. 2d 315, 319 (Fla. 4th DCA 2006)
Kempton sued McComb, Davis, and Carter. The trial court entered final judgment in favor of McComb and awarded him attorney's fees and costs under sect…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
WILLIAM KEMPTON,
Appellant,
v. Case No. 5D18-1021
LAWRENCE MCCOMB, GREGORY DAVIS
AND MARIANNE CARTER,
Appellees.
________________________________/
Opinion filed March 15, 2019
Appeal from the Circuit Court for Brevard County, Charles J. Roberts, Judge.
Matthew G. Struble and Christine D. Skubala, of Struble, P.A., Ft. Lauderdale, for Appellant.
Angela C. Flowers, of Kubicki Draper, P.A., Ocala, for Appellee, Lawrence McComb. David C. Knapp and James A. Coleman, of James A. Coleman, P.A., Orlando, for Appellee, Marianne Carter. No Appearance for Appellee, Gregory Davis.
PER CURIAM.
William Kempton appeals the trial court’s order awarding attorney’s fees and costs to Lawrence McComb, pursuant to section 768.79, Florida Statutes (2015), and Florida
2 Rule of Civil Procedure 1.442. The award of attorney’s fees and costs was based on the trial court’s entry of a final judgment in favor of Mr. McComb after applying section 768.36, Florida Statutes (2015), to completely bar recovery by Mr. Kempton. We recently reversed the final judgment in favor of Mr. McComb with directions to enter a final judgment awarding damages to Mr. Kempton in accordance with the jury’s apportionment of fault. See Kempton v. McComb, 44 Fla. L. Weekly D611 (Fla. 5th DCA Mar. 1, 2019). Given our reversal of the final judgment, we must reverse the trial court’s order awarding attorney’s fees and costs in Mr. McComb’s favor. See Hodge v. Cichon, 79 So. 3d 950 (Fla. 5th DCA 2012) (reversing order granting attorney’s fees pursuant to section 768.79 where appellate court reversed trial court’s order granting final summary judgment in favor of appellees); City of Hollywood v. Witt, 939 So. 2d 315, 319 (Fla. 4th DCA 2006) (“[W]here an award of attorney’s fees is dependent upon the judgment obtained, the reversal of the underlying judgment necessitates the reversal of the fee award.”).
REVERSED.
EVANDER, C.J., ORFINGER and SASSO, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- City OF Hollywood v. Witt, 939 So. 2d 315 (Fla. 4th DCA 2006)
- Hodge v. Cichon, 79 So. 3d 950 (Fla. 5th DCA 2012)
- Kempton v. McComb, 264 So. 3d 1180 (Fla. 5th DCA 2019)