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FL-7, Inc. v. SWF Premium Real Estate LLC.
Citation: 264 So. 3d 410Docket: Case No. 2D17-4321
Court: District Court of Appeal of Florida; February 28, 2019; Florida; State Appellate Court
FL-7, Inc. appealed the final judgment that awarded attorney's fees and costs to SWF Premium Real Estate, LLC, doing business as Engel & Volkers, as the prevailing party following a summary judgment. FL-7 had successfully appealed the underlying judgment in a previous case. As a result, Engel & Volkers is no longer considered the prevailing party and is thus not entitled to the award of fees and costs. The court referenced precedent indicating that once a final judgment is reversed and remanded, the concept of a prevailing party for the purposes of attorney's fees no longer applies. Consequently, the award of attorney's fees and costs based on the reversed judgment is also reversed. The decision was reversed and remanded, with Judges Northcutt and Sleet concurring.