Legal Opinion

Gloria Ann Stratton v. Port St. Lucie MGT, LLC d/b/a Emerald Health Care Center

District Court of Appeal of Florida

Decided September 3, 2014No. 4D13-1778PublishedCited by 1 opinion

1Opinion of the Court

SCHER, ROSEMARIE, Associate Judge.

Gloria Ann Stratton appeals the trial court’s order denying her attorney’s fees and costs under an “Admission Agreement” entered into with Port St. Lucie Mgt, LLC d/b/a Emerald Health Care Center (“Emerald”), a nursing home facility. Stratton asserts that her claim for attorney’s fees and costs arises out of a contract allowing fees to Emerald if Emerald prevailed in the same underlying action; accordingly, as the prevailing party, under section 57.105(7), Florida Statutes (2008), she is entitled to fees. Under the expansive and unique attorney’s fee…

2Cases cited4 opinions

  1. Florida Hurricane Protection & Awning, Inc. v. PastinaDistrict Court of Appeal of Florida · 2010
  2. Indemnity Ins. Co. v. ChambersDistrict Court of Appeal of Florida · 1999
  3. HOLIDAY SQUARE OWNERS ASS'N INC. v. TsetsenisDistrict Court of Appeal of Florida · 2002
  4. Inland Dredging Co. v. Panama City Port AuthorityDistrict Court, N.D. Florida · 2005

3Cited by1 opinion

  1. PETER A. COLOMBO v. ROBERTSON, ANSCHUTZ & SCHNEID, P.L.District Court of Appeal of Florida · 2022

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