WATERMARK REALTY INC v. VACCA (2019)

District Court of Appeal of Florida, Second District.

WATERMARK REALTY, INC. d/b/a Prudential Florida Realty, Appellant/Petitioner(s), v. Anthony VACCA, Appellee/Respondent(s).

CASE NO.: 2D18-3408

Decided: March 28, 2019

Respondent's motion to dismiss is granted. The petition for writ of certiorari is dismissed as untimely filed. Petitioners' response to respondent's motion to dismiss and petitioners' motion to deem respondent's motion to dismiss as respondent's “response” to the petition is denied as moot.

Petitioner's motion for conditional award of fees is denied. Respondent's motion for appellate attorney's fees based on the listing agreement and section 501.2105(1), Florida Statutes (2014), is granted contingent upon the trial court's determination that the Respondent is entitled to such fees as the “prevailing party.”

BY ORDER OF THE COURT:

VILLANTI, BLACK, and ROTHSTEIN-YOUAKIM, JJ., Concur.

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