Third District Court of Appeal
State of Florida
Opinion filed April 19, 2023.
Not final until disposition of timely filed motion for rehearing.
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No. 3D22-721
Lower Tribunal No. 21-9136
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3003 Indian Creek RR, LLC,
Appellant,
vs.
Alfredo Arias, et al.,
Appellees.
An Appeal from the Circuit Court for Miami-Dade County, Charles K.
Johnson, Judge.
David J. Winker, P.A., and David J. Winker, for appellant.
Twig, Trade, & Tribunal, PLLC, and Morgan L. Weinstein (Fort
Lauderdale), for appellees.
Before EMAS, HENDON and GORDO, JJ.
PER CURIAM.
Affirmed. See Kalb v. Nack Holding, LLC,
79 So. 3d 175, 176 (Fla. 3d
DCA 2012) (“[A] motion for attorney’s fees must be filed within thirty days of
entry of final judgment to permit a trial court to award such fees. The only
recognized exception to this requirement is when the trial court has
already, in the judgment, determined entitlement to attorney’s fees as part
of the relief granted to the prevailing party.”) (emphasis in original); Amerus
Life Ins. Co. v. Lait,
2 So. 3d 203, 207 (Fla. 2009) (“Once the trial court
determines that the prevailing party is entitled to attorneys’ fees and costs,
the losing party is aware that it is required to pay the fees and costs. At that
point, the concerns of prejudice and unfair surprise to the losing party are
eliminated, thus eliminating the need to apply the thirty-day time requirement
under [Florida Rule of Civil Procedure] 1.525.”); Ramle Int’l Corp. v. Greens
Condo. Ass’n, Inc.,
32 So. 3d 647, 648 (Fla. 3d DCA 2010) (holding “the
prevailing party’s entitlement to attorneys’ fees had already been
determined, and the trial court merely reserved jurisdiction to determine the
amounts”); Applegate v. Barnett Bank of Tallahassee,
377 So. 2d 1150, 1152
(Fla. 1979) (“Without a record of the trial proceedings, the appellate court
can not properly resolve the underlying factual issues so as to conclude that
the trial court’s judgment is not supported by the evidence or by an
alternative theory.”).
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