Lee County, Florida v. Dean Wish, LLC
After Lee County obtained summary judgment on a Bert Harris Act claim because Dean Wish sold the property and was no longer the statutory 'property owner,' the Second District denied the County appellate fees under section 70.001(6)(c)2. The trial court treated that denial as law of the case and refused trial-level fees. The Sixth District reversed, parsing the Second District's order (including its 'cf.' signals to Diamond Aircraft and Cacho) and holding that the appellate fee denial rested on the Act's inapplicability during the appeal only, leaving open entitlement to fees for the pre-judgment trial court period.
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