SANCHEZ PL v. ELDORADO PLAZA WEST ASSOCIATION INC (2022)

District Court of Appeal of Florida, Fourth District.

Anatalia SANCHEZ and Sanchez Law Practice, PL, Appellants, v. ELDORADO PLAZA WEST ASSOCIATION, INC., Appellee.

No. 4D22-402

Decided: November 30, 2022

Anatalia Sanchez of Sanchez Law Practice, PL, Miami, for appellants. Steven B. Katz of SBK Legal, Coral Springs, for appellee.

Affirmed. See § 501.2105(1), Fla. Stat. (2021) (a prevailing party “may” recover fees from the non-prevailing party); Humane Soc'y of Broward Cnty., Inc. v. Fla. Humane Soc'y, 951 So. 2d 966, 968 (Fla. 4th DCA 2007) (an “award of attorney's fees to the prevailing party under sections 501.2105(1)-(4) of FDUTPA is discretionary with the trial court”); see also Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979) (in “appellate proceedings the decision of a trial court has the presumption of correctness and the burden is on the appellant to demonstrate error”).

Per Curiam.

Gross, May and Forst, JJ., concur.

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