Scherer Construction & Engineering of Central Florida, LLC v. Scott Partnership Architecture, Inc.

In this consolidated case, Scherer Construction & Engineering of Central Florida, LLC (Scherer) appeals both the Final Judgment on Fees and the separate Final Judgment on Costs. It argues (1) the trial court erred in awarding attorney’s fees and costs pursuant to a proposal for settlement filed by the third-party defendant below, appellee The Scott Partnership Architecture, Inc. (TSPA); and (2) the trial court erred in awarding TSPA costs as the prevailing party where Scherer had voluntarily dismissed one of two counts before any determination of liability had been reached. Because attorney’s…