AQUINO v. CHOY (2023)

District Court of Appeal of Florida, Fourth District.

Angel AQUINO and Karla Rodriguez, Appellants, v. Lester CHOY, Appellee.

No. 4D22-3309

Decided: July 26, 2023

Annabel C. Majewski of Wasson & Associates, Chartered, Miami, and Jeffrey S. Greenhaus of Jeffrey S. Greenhaus, P.A., Miami, for appellants. Kai E. Jacobs of South Florida Business Law Group, Coral Gables, for appellee.

Affirmed. See Ortuzar v. Foley, 339 So. 3d 456, 458–59 (Fla. 2d DCA 2022) (“Section 83.48[, Florida Statutes (2022)] does not provide that attorney's fees will inure to ‘the prevailing party’; it provides that a party in whose favor ‘a judgment or decree has been rendered’ may recover fees from the nonprevailing party ․ [a]nd a voluntary dismissal without prejudice is not an adjudication of the merits.”) (footnote omitted).

PER CURIAM.

KLINGENSMITH, C.J., FORST and ARTAU, JJ., concur.

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