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The WATERVIEW TOWERS CONDOMINIUM ASSOCIATION, INC., a Florida corporation not-for-profit, Laura Bennett, Helen Bossman, and Thomas J. ONeill, individually, Appellants, v. CITY OF WEST PALM BEACH, a Florida Municipal Corporation, and Palm Harbor Hotel, LLC, a foreign limited liability company, Appellees.

District Court of Appeal of Florida, Fourth District2018-03-07No. No. 4D17–1683
238 So. 3d 846

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Opinion

majority opinion

Per Curiam.

The issue presented in this case is the award of attorneys fees and costs to Palm Harbor Hotel. The underlying final judgment was reversed on appeal. See Waterview Towers v. City of W. Palm Beach , 232 So.3d 401 (Fla. 4th DCA 2017). An award of attorneys fees and costs predicated on a reversed or vacated final judgment must also be reversed. See Viets v. Am. Recruiters Enters., 922 So.2d 1090, 1096 (Fla. 4th DCA 2006) ; Marty v. Bainter , 727 So.2d 1124, 1125 (Fla. 1st DCA 1999).

Therefore, we reverse and remand to the trial court for vacation of the order awarding attorneys fees and costs.

Gross, Ciklin and Kuntz, JJ., concur.