Opinion
No. 3D10–2331.
2012-02-8
Stuart R. KALB as Trustee, Appellant, v. NACK HOLDING, LLC, et al., Appellees.
Guy Spiegelman, for appellant. Robert Cooper, for appellee.
Guy Spiegelman, for appellant. Robert Cooper, for appellee.
Before RAMIREZ, LAGOA, and EMAS, JJ.
RAMIREZ, J.
Stuart R. Kalb as Trustee appeals the trial court's award of attorney's fees to appellee Nack Holding, LLC. Because Nack Holding did not timely request trial level attorney's fees, we reverse that part of the trial court's order that awarded such fees. We affirm the trial court's order in all other respects.
The full facts of this case are addressed in our prior opinion, Nack Holdings, LLC v. Kalb, 13 So.3d 92 (Fla. 3d DCA 2009), and thus we discuss only the facts relevant to the attorney's fees. Nack Holding prevailed in its claim that Kalb violated Section 701.04, Florida Statutes (2010), which requires timely recording of satisfactions of judgment. That statute includes a provision which entitles the prevailing party to seek reasonable attorney's fees. Although this Court and the Florida Supreme Court