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Broward Yachts, Inc. v. Yachting Promotions, Inc.

Citations: 889 So. 2d 911; 2004 Fla. App. LEXIS 18783; 2004 WL 2823454Docket: No. 4D03-4359

Court: District Court of Appeal of Florida; December 7, 2004; Florida; State Appellate Court

Narrative Opinion Summary

Broward Yachts, Inc. secured a temporary injunction against Yachting Promotions, Inc. and subsequently posted an injunction bond. Following a reversal of the injunction and a final judgment favoring Yachting Promotions, the trial court awarded attorney’s fees to Yachting Promotions that exceeded the bond amount. Broward Yachts contended that these fees should not surpass the bond, citing Parker Tampa Two, Inc. v. Somerset Development Corp., which allows for an award of damages, including attorney’s fees, upon dissolution of an injunction under section 60.07 and rule 1.610(b) of the Florida Statutes. However, Yachting Promotions sought fees based on the Florida Deceptive and Unfair Trade Practices Act, which is not governed by Parker Tampa Two. Consequently, the court affirmed the award of attorney’s fees. The decision was concurred by FARMER, C.J., and STEVENSON, J.

Legal Issues Addressed

Attorney's Fees under the Florida Deceptive and Unfair Trade Practices Act

Application: Yachting Promotions, Inc. sought attorney's fees based on the Florida Deceptive and Unfair Trade Practices Act, which is independent of the Parker Tampa Two limitations.

Reasoning: However, Yachting Promotions sought fees based on the Florida Deceptive and Unfair Trade Practices Act, which is not governed by Parker Tampa Two.

Award of Attorney's Fees upon Dissolution of Injunction

Application: The court affirmed the award of attorney's fees to Yachting Promotions, Inc. following the dissolution of the injunction, despite Broward Yachts, Inc.'s argument that such fees should not exceed the bond amount set under section 60.07 and rule 1.610(b) of the Florida Statutes.

Reasoning: Broward Yachts contended that these fees should not surpass the bond, citing Parker Tampa Two, Inc. v. Somerset Development Corp., which allows for an award of damages, including attorney’s fees, upon dissolution of an injunction under section 60.07 and rule 1.610(b) of the Florida Statutes.