Narrative Opinion Summary
The trial court incorrectly denied the appellant's request for attorney's fees under section 501.2105(1) of the Florida Statutes (1991) based on the assertion that the appellees' counterclaim did not pertain to a consumer transaction. The court had previously granted a directed verdict favoring the appellant concerning the appellees’ counterclaim, which was rooted in an alleged breach of chapter 501. This decision aligns with precedents set in Brown v. Gardens by the Sea South Condominium Ass’n, 424 So.2d 181 (Fla. 4th DCA 1983), and Rustic Village, Inc. v. Friedman, 417 So.2d 305 (Fla. 3d DCA 1982). The ruling is reversed, and the trial court is instructed to award the appellant attorney's fees. Judges Gunther and Farmer concur with this decision.
Legal Issues Addressed
Award of Attorney's Fees under Florida Statutes Section 501.2105(1)subscribe to see similar legal issues
Application: The trial court's denial of attorney's fees was reversed because the appellant was entitled to such fees under section 501.2105(1) after prevailing on a counterclaim that was incorrectly deemed unrelated to a consumer transaction.
Reasoning: The trial court incorrectly denied the appellant's request for attorney's fees under section 501.2105(1) of the Florida Statutes (1991) based on the assertion that the appellees' counterclaim did not pertain to a consumer transaction.
Directed Verdict Favoring Appellantsubscribe to see similar legal issues
Application: The directed verdict was in favor of the appellant regarding the appellees’ counterclaim for an alleged breach of chapter 501, which supports the reversal for attorney's fees.
Reasoning: The court had previously granted a directed verdict favoring the appellant concerning the appellees’ counterclaim, which was rooted in an alleged breach of chapter 501.
Precedent in Consumer Transaction Casessubscribe to see similar legal issues
Application: The decision to reverse and award attorney's fees aligns with judicial precedents regarding consumer transactions, as established in previous similar cases.
Reasoning: This decision aligns with precedents set in Brown v. Gardens by the Sea South Condominium Ass’n, 424 So.2d 181 (Fla. 4th DCA 1983), and Rustic Village, Inc. v. Friedman, 417 So.2d 305 (Fla. 3d DCA 1982).