CASSIDY v. REICHENBACH (2019)

District Court of Appeal of Florida, Second District.

John Michael CASSIDY, Appellant/Petitioner(s), v. Jonathan Lee REICHENBACH, Appellee/Respondent(s).

CASE NO.: 2D19-1850

Decided: October 22, 2019

Having reviewed Respondent's Status Update on Concluded Trial and Suggestion of Mootness and Petitioner's Status Update and Response Denying Suggestion of Mootness, both filed on September 9, 2019, the petition for writ of certiorari is dismissed as moot due to the conclusion of the trial and the rendering of a verdict in favor of the respondent below.

Petitioner and respondent both seek appellate attorneys' fees pursuant to Florida Rule of Appellate Procedure 1.442 and section 768.79, Florida Statutes (2019). Because there is no indication that a final judgment has yet been rendered in favor of plaintiff below, there is nothing demonstrating that the trial court granted attorneys' fees in the underlying action or whether either party would be entitled to such fees. Thus both motions are conditionally granted, subject to the final adjudication of respondent's claims in the circuit court and a determination of entitlement by the circuit court. The circuit court shall also determine the amount of appellate attorneys' fees to be awarded, if any.

BY ORDER OF THE COURT:

MORRIS, BLACK, and LUCAS, JJ., Concur.

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