Opinion
Case No. 3D01-2085.
Opinion filed August 28, 2002.
An Appeal from the Circuit Court for Miami-Dade County, Philip Bloom, Judge. Lower Tribunal No. 92-22083.
Fulvia A. Morris, for appellants.
Gary Pollack; Linda L. Carroll, for appellees.
Before JORGENSON, GERSTEN and SHEVIN, JJ.
We affirm the final judgment awarding attorney's fees under section 57.105, Florida Statutes (1995). The record demonstrates that the appellants did not meet their burden of demonstrating good faith, see Horticultural Enter. v. Plantas Decorativas, Ltda., 623 So.2d 821 (Fla. 5th DCA 1993), and the court did not abuse its discretion in awarding fees. Thomas v. Perkins, 723 So.2d 293 (Fla. 3d DCA 1998). Additionally, there was no basis for staying execution of the judgment, compare Davar Corp. v. Tropic Land Improvement Corp., 330 So.2d 482 (Fla. 4th DCA 1976) (error not to stay judgment for plaintiff when defendant's counter-claim remains pending), and interest was properly awarded as of the date of the judgment triggering the appellees' entitlement to fees. Quality Engineered Installations, Inc. v. Higley Smith, Inc., 670 So.2d 929 (Fla. 1996).
Affirmed.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.