BLUE CONDOMINIUM ASSOCIATION, INC.
v.
BLUE GROUPER VENTURES, LLC
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A party that prevails on the significant issues in litigation and secures the primary relief sought is entitled to an award of attorney's fees and costs.
[1] In determining entitlement to attorney's fees, the party that prevails on the significant issues in the litigation and secures the primary relief sought is deemed the pre…
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Join FLexlaw to unlock all legal intelligence“the party prevailing on the significant issues in the litigation is the party that should be considered the prevailing party for attorney's fees.”
Court cited Moritz v. Hoyt Enterprises, Inc., 604 So. 2d 807, 810 (Fla. 1992) in establishing the standard for determining prevailing party status.
Blue Condominium Association appealed an award of attorney's fees and costs. Blue Grouper Ventures, LLC prevailed on its breach of contract claim and …
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Opinion filed February 12, 2025. Not final until disposition of timely filed motion for rehearing.
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No. 3D24-0219 Lower Tribunal No. 21-14000
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Blue Condominium Association, Inc.,
Appellant,
vs.
Blue Grouper Ventures, LLC, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, William Thomas, Judge. Cole, Scott & Kissane, P.A., and Jennifer V. Ruiz and Francesca M. Stein, for appellant. Mark Migdal & Hayden, and Jose M. Ferrer and Desiree Fernandez, for appellee. Before EMAS, LOBREE and GOODEN, JJ. PER CURIAM. Appellant Blue Condominium Association appeals an award of attorney’s fees and costs against it. We affirm in all respects. Appellee Blue Grouper Ventures, LLC prevailed on the significant issue in its complaint— its breach of contract claim. See Moritz v. Hoyt Enterprises, Inc., 604 So. 2d 807, 810 (Fla. 1992) (“[T]he party prevailing on the significant issues in the litigation is the party that should be considered the prevailing party for attorney’s fees.”). It secured the primary relief it sought against Blue Condominium Association. As a result, the trial court did not abuse its discretion by awarding attorney’s fees and costs. Affirmed.