Sanctuary of Boca, Inc. v. Careers USA, Inc.

STEVENSON, Judge.

This is an appeal from a final order denying the landlord’s motion for prevailing party’s fees following a partial final judgment and a voluntary dismissal of an action filed by the tenant, which sought declaratory relief concerning the amount of rent due under a retail lease. Because the landlord’s defense of the action was tantamount to an “enforcement” of its rights under the lease, we reverse.

The facts

Appellee, Careers USA, Inc., is the tenant, and appellant, Sanctuary of Boca Inc., is the landlord in a commercial lease arrangement for certain rental property in Boca…