Opinion
Case No. 3D03-1322.
Opinion filed February 18, 2004.
An Appeal from the Circuit Court for Dade County, Jon I. Gordon, Judge, Lower Tribunal No. 00-941
Conroy, Simberg, Ganon, Krevans Abel and Hinda Klein (Hollywood), for appellant.
Benson, McGrath, Douglas, Phillips Ross and Donald H. Benson (Ft. Lauderdale), for appellee.
Before SCHWARTZ, C.J., and LEVY and SHEVIN, JJ.
The denial of defendant/appellant's Motion for Attorneys' Fees and Costs is affirmed without prejudice, and the said Motion may be renewed after the trial court determines whether the plaintiff/appellee is entitled to attorney's fees and, if the appellee is entitled to attorney's fees, the amount of those fees. It should be noted that, through this Opinion, this Court declines to make a finding as to whether the plaintiff/appellee is entitled to attorney's fees.
Affirmed.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.