VME Group International, LLC v. The Grand Condominium Association, Inc.
After the Third District affirmed the denial of a temporary injunction and granted appellees' motions for appellate attorney's fees 'remanded to fix the amount,' the trial court — before any mandate issued — entered a $38,250 appellate fee judgment. On motion for review under Rule 9.400(c), the Third District vacated the fee order for lack of jurisdiction because no mandate had issued, and modified its own fee entitlement order nunc pro tunc to condition entitlement on the appellees ultimately prevailing in the underlying litigation.
Key facts
- VME Group International, LLC appealed the trial court's denial of a temporary injunction in a dispute with The Grand Condominium Association, Inc.
- The Third District affirmed the denial of the temporary injunction and granted the appellees' motions for appellate attorney's fees, remanding to the trial court to fix the amount.
- +2 more key facts with a free trial
Why it matters
Useful authority for defeating premature appellate fee judgments in two distinct ways: no mandate, no trial court jurisdiction; and no final prevailing party, no unconditional fee award. The footnote clarifying that… — full analysis with a trial
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