Narrative Opinion Summary
The case involves an appeal by Caribbean Condominium Limited Partnership and Ocean Palm Golf Club Partnership against a supplemental final judgment that awarded attorney’s fees to the City under the Bert J. Harris Private Property Rights Protection Act. The City cross-appealed the denial of its motion to recover legal costs from defending against inverse condemnation claims. Initially, the Appellants filed suit in 2010 under the Bert Harris Act and later amended to include inverse condemnation claims. The trial court granted summary judgment for the City on the Bert Harris claims and ruled in its favor after a non-jury trial on the inverse condemnation claims, concluding no property taking had occurred. While the trial court awarded attorney’s fees for the Bert Harris claims, it denied costs for the inverse condemnation defense. The appellate court affirmed the attorney’s fees but reversed the denial of costs, citing section 57.041, Florida Statutes, which permits cost recovery for the prevailing party. The court clarified that section 73.091, which pertains to eminent domain cases, does not apply when no taking is found in inverse condemnation actions, aligning with precedent that governmental entities are not liable for fees in unsuccessful claims. The judgment was partially affirmed and reversed for further proceedings on costs.
Legal Issues Addressed
Attorney's Fees under Bert J. Harris Private Property Rights Protection Actsubscribe to see similar legal issues
Application: The court upheld the award of attorney’s fees to the City for defending against the Bert Harris claims.
Reasoning: The appellate court affirms the attorney’s fees awarded to the City.
Inverse Condemnation and Section 73.091, Florida Statutessubscribe to see similar legal issues
Application: Section 73.091 does not apply to inverse condemnation actions where no taking is found.
Reasoning: Section 73.091 does not apply to inverse condemnation actions where no taking has been found.
Precedent on Inverse Condemnation Costssubscribe to see similar legal issues
Application: The court referenced prior case law to support that fees and costs are not awarded to unsuccessful plaintiffs in inverse condemnation cases.
Reasoning: The statute, designed for successful eminent domain actions, cannot be interpreted to require payment of fees in unsuccessful inverse condemnation cases.
Recovery of Legal Costs under Section 57.041, Florida Statutessubscribe to see similar legal issues
Application: The court determined the City is entitled to recover legal costs as the prevailing party on the inverse condemnation claims.
Reasoning: The court disagrees with the trial court's denial of costs, citing section 57.041, which allows a 'party recovering judgment' to be awarded legal costs in civil actions unless specific statutes provide otherwise.