Construction Lien Case Holding: Where both Parties Prevail on Significant Issues, Neither Party Recovers Appellate Attorney's Fees
By Karma Hall, Esq. In the decision of Bauer v. Ready Windows Sales & Services Corporation , Case No.: 3D16-1171 (Fla. 3d DCA June 21, 2017), Florida's Third District Court of Appeals was tasked with reviewing entitlement to appellate attorney's fees claimed by both parties, where both parties had filed competing motions seeking recovery of appellate attorney's fees pursuant to Rule 9.400 and section 713.29, each taking the position that they were the prevailing party after each having won on some issues but having lost on other issues. Florida's Third District Court of Appeals denied the motions for appellate attorney's fees as to both parties. The 3rd DCA held while both parties prevailed on significant issues, neither party would recover appellate attorney's fees. Here, each party lost on their appeal, while each party successfully defended that part of the judgment in their favor on the other party’s cross-appeal. As support for its finding, the