Jupiter Mall Realty Corp. v. Rosner's, Inc.

The appellant appeals the trial court’s order awarding attorney’s fees and costs to the appellee, arguing this court’s recent decision in the underlying appeal, Jupiter Mall Realty Corp. v. Rosner’s Inc., 607 So.2d 491 (Fla. 4th DCA 1992), requires a reversal for a redetermination of the prevailing party. We agree and reverse.

In the underlying appeal, this court affirmed the trial court’s determination that the appellee was justified in terminating its lease, but reversed and remanded for a determination of the amount of real estate tax money appellee owed appellant. Since this determination…