City of Miami v. Miranda

Full title: CITY OF MIAMI, Appellant, v. GONZALO MIRANDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Jun 30, 1999

736 So. 2d 129 (Fla. Dist. Ct. App. 1999)

Opinion

No. 98-2470.

Opinion filed June 30, 1999.

An Appeal from the Circuit Court for Miami-Dade County, Murray Goldman, Judge, L.T. No. 94-9017.

Alejandro Vilarello, City attorney, and Linda Rice Chapman, and Myrna D. Bricker, Assistant City Attorneys, for appellant.

Robles Gonzalez, and Juan P. Bauta, II, for appellee.

Before GERSTEN, FLETCHER, and SORONDO, JJ.

ON MOTION TO REVERSE JUDGMENT

PER CURIAM.

Because the judgment entered in favor of Gonzalo Miranda ("Miranda") was reversed on appeal, see City of Miami v. Miranda, 725 So.2d 1270 (Fla. 3d DCA 1999), Miranda is not the prevailing party in the instant action. Miranda, therefore, is not entitled to the attorney's fees and costs awarded by the trial court. See City of Miami v. Del Rio, 723 So.2d 299 (Fla. 3d DCA 1998). Accordingly, the trial court's award of such fees and costs in favor of Miranda is reversed.

Reversed.