Legal Opinion

S & I INVESTMENTS v. Payless Flea Market, Inc.

District Court of Appeal of Florida

Decided June 30, 2010No. 4D08-4257PublishedCited by 5 opinions

1Per curiam

In S & I Investments v. Payless Flea Market, Inc., 36 So.3d 909 (Fla. 4th DCA 2010), involving a dispute between landlord and tenant, this Court reversed, directing entry of judgment in favor of landlord. Landlord now appeals the trial court’s order awarding attorney’s fees and costs to tenant, arguing this Court’s recent decision in the underlying appeal mandates reversal. We agree and reverse.

“Where a court awards prevailing party attorney’s fees and the underlying judgment is vacated, the attorney’s fee judgment must also be vacated.” Viets v. Am. Recruiters Enters., Inc., 922 So.2d 1090,…

2Cases cited2 opinions

  1. Marty v. BainterDistrict Court of Appeal of Florida · 1999
  2. S & I Investments v. Payless Flea Market, Inc.District Court of Appeal of Florida · 2010

3Cited by5 opinions

  1. Siegel v. J.P. Morgan Chase BankDistrict Court of Appeal of Florida · 2012
  2. 326-330 St. Armands Circle, LLC v. GEE22, LLCDistrict Court of Appeal of Florida · 2015
  3. Ring Power Corp. v. Condado-PerezDistrict Court of Appeal of Florida · 2017
  4. Ring Power Corporation v. Condado-PerezDistrict Court of Appeal of Florida · 2017
  5. Spencer v. DIGIACOMODistrict Court of Appeal of Florida · 2011

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