Ultimate Makeover Salon & Spa, Inc. v. DiFrancesco

Defendants Ultimate Makeover Salon & Spa, Inc. and Michele Zalinger appeal from the trial court’s denial of them motion for attorney’s fees in a suit to recover wages under section 448.08, Florida Statutes (2007). Defendants obtained summary judgment in their favor upon the trial court’s determination that plaintiffs claims for wages were barred by the statute of limitations. However, the trial court denied defendants’ claim for attorney’s fees because they prevailed on a statute of limitations defense rather than on the merits. We reverse.

On November 28, 2007, Denise DiFran-eesco filed a…