Cbre, Inc. v. Didiergroup, LLC, Blake Plumley, Capital Pursuits, LLC, and Rison Corners Property, LLC
Docket 6D2024-2351
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- Florida
- Court
- District Court of Appeal of Florida
- Type
- Opinion
- Case type
- Civil
- Disposition
- Reversed
- Docket
- 6D2024-2351
Appeal from a final judgment awarding attorneys’ fees and costs entered by the Circuit Court for Orange County.
Summary
The Sixth District reversed and remanded a trial-court final judgment awarding attorneys’ fees and costs to DidierGroup, LLC because that fee judgment was based on an underlying final judgment that this Court had already reversed in a prior opinion. The panel held that when the foundation judgment is reversed or vacated, any dependent award of fees and costs must likewise be reversed. The court remanded without prejudice to allow either party to seek attorneys’ fees after the trial proceedings conclude consistent with the mandate.
Issues Decided
- Whether a judgment awarding attorneys’ fees and costs must be reversed when the underlying final judgment on which it was predicated has been reversed.
- Whether reversal of the underlying judgment requires vacatur of a dependent fee award without prejudice to future fee petitions.
Court's Reasoning
The court relied on settled Florida precedent that an award of attorneys’ fees and costs that is predicated on a final judgment that is later reversed or vacated must itself be reversed. Because this Court previously reversed the underlying final judgment in a related opinion, the fee award had no surviving foundation and therefore could not stand. The reversal is without prejudice, allowing parties to pursue fees after the proceedings below are finally resolved.
Authorities Cited
- Jupiter Mall Realty Corp. v. Rosner’s, Inc.614 So. 2d 52 (Fla. 4th DCA 1993)
- Marty v. Bainter727 So. 2d 1124 (Fla. 1st DCA 1999)
Parties
- Appellant
- CBRE, Inc.
- Appellee
- DidierGroup, LLC
- Appellee
- Blake Plumley
- Appellee
- Capital Pursuits LLC
- Appellee
- Rison Corners Property LLC
- Judge
- John E. Jordan
- Judge
- Mize, J.
- Judge
- Stargel, J.
- Judge
- Pratt, J.
Key Dates
- Decision date
- 2026-05-01
- Prior opinion reversing underlying judgment
- 2026-03-13
What You Should Do Next
- 1
Consider filing for rehearing
A party wishing to challenge this decision should timely file a motion for rehearing in the Sixth District within the court's deadline.
- 2
Prepare fee application on remand
If parties still seek attorneys’ fees, they should preserve evidence and legal arguments so they can file a new fee petition after the trial-court proceedings conclude.
- 3
Consult appellate counsel
Engage appellate counsel to evaluate options for further review or to ensure compliance with deadlines and procedures following remand.
Frequently Asked Questions
- What did the court decide?
- The court reversed the award of attorneys’ fees and costs because it was based on an underlying judgment that this Court had already reversed.
- Who is affected by this decision?
- DidierGroup, LLC (the fee award recipient) and CBRE, Inc. (the appellant) are directly affected; the other named appellees had no appearance in this appeal.
- What happens next in the case below?
- The case is remanded to the trial court; either party can seek attorneys’ fees again after the trial proceedings are finally resolved.
- Can this ruling be appealed further?
- Parties may seek rehearing in this court within the time allowed, and if appropriate, pursue further review in a higher court consistent with Florida appellate procedures.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
Case No. 6D2024-2351
Lower Tribunal No. 2019-CA-010562
_____________________________
CBRE, INC.,
Appellant,
v.
DIDIERGROUP, LLC, BLAKE PLUMLEY, CAPITAL PURSUITS LLC, and RISON
CORNERS PROPERTY LLC,
Appellees.
_____________________________
Appeal from the Circuit Court for Orange County.
John E. Jordan, Judge.
May 1, 2026
MIZE, J.
Appellant, CBRE, Inc., appeals from a final judgment for attorneys’ fees and
costs entered by the trial court in favor of Appellee DidierGroup, LLC. As the
underlying final judgment on which the final judgment for attorneys’ fees and
costs was predicated was reversed by this Court in its opinion in CBRE, Inc. v.
DidierGroup, LLC, No. 6D2023-3011, 2026 WL 706229, at *1 (Fla. 6th DCA
Mar. 13, 2026), the final judgment for attorneys’ fees and costs likewise must be
reversed. See Jupiter Mall Realty Corp. v. Rosner’s, Inc., 614 So. 2d 52, 52 (Fla.
4th DCA 1993); Marty v. Bainter, 727 So. 2d 1124, 1125 (Fla. 1st DCA 1999)
(“[A]n award of attorney’s fees and costs predicated on a reversed or vacated final
judgment also must be reversed.”). This reversal is without prejudice to either
party seeking attorneys’ fees at the conclusion of the proceedings below.
REVERSED and REMANDED.
STARGEL and PRATT, JJ., concur.
Elliot H. Scherker, Brigid F. Cech Samole, and Bethany J.M. Pandher, of
Greenberg Traurig, P.A., Miami, for Appellant.
Celene H. Humphries, of Celene Humphries, PLLC, Spring City, Tennessee, for
Appellee, DidierGroup, LLC.
No Appearance for Appellees, Blake Plumley, Capital Pursuits LLC, and Rison
Corners Property LLC.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING
AND DISPOSITION THEREOF IF TIMELY FILED
2