Prison Health Services, Inc. v. Florida Ass'n of Counties Trust

Full title: PRISON HEALTH SERVICES, INC., Appellant, v. FLORIDA ASSOCIATION OF…

Court: District Court of Appeal of Florida, Second District

Date published: Nov 21, 2003

862 So. 2d 101 (Fla. Dist. Ct. App. 2003)

Opinion

Case No. 2D02-4656.

Opinion filed November 21, 2003.

Appeal from the Circuit Court for Polk County; Dennis P. Maloney, Judge.

Robert P. Major and James Edward Cheek, III, of Winderweedle, Haines, Ward Woodman, P.A., Orlando, for Appellant.

Robert H. Sturgess of Motes Carr, P.A., Jacksonville, for Appellee.

DAVIS, Judge.

Prison Health Services, Inc. (PHS), challenges the trial court order requiring it to pay the attorney's fees and costs that Florida Association of Counties Trust (FACT) was awarded as the prevailing party in the underlying litigation between the parties on a contract dispute. Because this court has reversed the summary judgment entered in favor of FACT, see Prison Health Servs., Inc. v. Fla. Ass'n of Counties Trust, 28 Fla. L. Weekly D2510 (Fla. 2d DCA Oct. 31, 2003), FACT is no longer the prevailing party; therefore, we reverse the instant award of attorney's fees and costs. See § 57.105(1), Fla. Stat. (2002).

Reversed.

FULMER and KELLY, JJ., Concur.

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED