Legal Opinion

McMillan/Miami, LLC. v. Krystal Capital Managers, LLC.

District Court of Appeal of Florida

Decided January 21, 2009No. 3D07-3006PublishedCited by 3 opinions

1Opinion of the CourtRamirez, J.

McMillan/Miami, LLC., appeals from a final order denying its motion for attorney’s fees, after the court entered an agreed order dissolving a lis pendens and after the appellee, Krystal Capital Managers, LLC., etc., voluntarily dismissed its complaint. We reverse because the trial court incorrectly reasoned that it had to deny fees where no lis pendens bond had been posted.

Krystal Capital Managers, LLC., plaintiff below, served a complaint against McMillan/Miami and McMillan Investment Company, Ltd. seeking damages based on alleged claims of breach of contract, indemnity, fraud, and…

2Cases cited4 opinions

  1. Parker Tampa Two, Inc. v. Somerset Development Corp.Supreme Court of Florida · 1989
  2. S AND T BUILDERS v. Globe Properties, Inc.Supreme Court of Florida · 2006
  3. Provident Mgmt. v. City of Treas. IslandSupreme Court of Florida · 1998
  4. Wagner v. BirdmanDistrict Court of Appeal of Florida · 1984

3Cited by3 opinions

  1. Bankers Lending Services, Inc. v. Regents Park Investments, LLCDistrict Court of Appeal of Florida · 2017
  2. Abner v. JohnsonDistrict Court of Appeal of Florida · 2011
  3. ShipJoy, LLC v. SVES, LLCDistrict Court of Appeal of Florida · 2026

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