Infiniti Emp't Solutions, Inc. v. MS Liquidators of Ariz., LLC

4 Citing cases

  1. Moore v. Estate

    239 So. 3d 192 (Fla. Dist. Ct. App. 2018)   Cited 3 times

    "A trial court's order denying a request for attorney's fees pursuant to section 57.105 is reviewed for an abuse of discretion." Infiniti Emp't Sols., Inc. v. MS Liquidators of Ariz., LLC , 204 So.3d 550, 553 (Fla. 5th DCA 2016) (citing Ferere v. Shure , 65 So.3d 1141, 1144 (Fla. 4th DCA 2011) ). " ‘However, to the extent a trial court's order on attorney's fees is based on its interpretation of the law,’ an appellate court employs the de novo standard of review."

  2. CED Capital Holdings 2000 Eb, LLC v. CTCW-Berkshire Club, LLC

    363 So. 3d 192 (Fla. Dist. Ct. App. 2023)   Cited 3 times

    As the error alleged by CED is based upon the trial court's interpretation of law, our review is de novo. Infiniti Emp't Sols., Inc. v. MS Liquidators of Ariz., LLC , 204 So. 3d 550, 553 (Fla. 5th DCA 2016) (quoting Ferere v. Shure , 65 So. 3d 1141, 1144 (Fla. 4th DCA 2011) ). Analysis

  3. Torruella v. Nationstar Mortg.

    308 So. 3d 674 (Fla. Dist. Ct. App. 2020)   Cited 5 times
    Holding that a "dismissal for lack of personal jurisdiction does not confer ‘prevailing party’ status on the party over whom the trial court lacks jurisdiction because the trial court does not rule on any issue central to the merits of the dispute, and the legal relationship between the parties had not been materially changed"

    " ‘However, to the extent a trial court's order on attorney's fees is based on its interpretation of the law,’ an appellate court employs the de novo standard of review." Moore v. Estate of Albee by Benzenhafer, 239 So. 3d 192, 194 (Fla. 5th DCA 2018) (quoting Infiniti Emp't Sols., Inc. v. MS Liquidators of Ariz., LLC, 204 So. 3d 550, 553 (Fla. 5th DCA 2016) ). Paragraph 7(E) of the note states in relevant part: "If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law.

  4. Mackenzie v. Centex Homes

    281 So. 3d 621 (Fla. Dist. Ct. App. 2019)   Cited 1 times

    Leon F. Cohn, M.D., P.A. v. Visual Health & Surgical Ctr., Inc. , 125 So. 3d 860, 863 (Fla. 4th DCA 2013) (quoting Avatar Dev. Corp. v. DePani Constr., Inc. , 883 So. 2d 344, 345 (Fla. 4th DCA 2004) ). Further, a de novo review applies where a court's attorney's fee order rests on the interpretation of a statute or contract. Moore v. Estate of Albee , 239 So. 3d 192, 194 (Fla. 5th DCA 2018) (citing Infiniti Emp't Sols., Inc. v. MS Liquidators of Ariz., LLC , 204 So. 3d 550, 553 (Fla. 5th DCA 2016) )."Florida law permits more than one prevailing party in a single lawsuit where each of the claims that support a fee award is ‘separate and distinct.’ "