SBE HOTEL MANAGEMENT LLC v. 801 SMA DESIGNER SUITES CONDOMINIUM ASSOCIATION INC (2021)

District Court of Appeal of Florida, Third District.

SBE HOTEL MANAGEMENT, LLC, etc., et al., Appellant(s)/Petitioner(s), v. 801 SMA DESIGNER SUITES CONDOMINIUM ASSOCIATION, INC., etc., et al., Appellee(s)/Respondent(s).

CASE NO.: 3D21-0508

Decided: May 27, 2021

Following review of the Amended Petition for Writ of Certiorari, and the Response and Reply thereto, it is ordered that said Petition is hereby denied. See generally Barron v. Fla. Freedom Newspapers, Inc., 531 So. 2d 113, 116 (Fla. 1988) (holding “both civil and criminal court proceedings in Florida are public events and adhere to the well established common law right of access to court proceedings and records”); Fla. R. Jud. Admin. 2.420.

Upon consideration of Respondents' Motion for Appellate Attorneys' Fees, it is ordered that said Motion is granted, and the matter is remanded to the trial court, conditioned on Respondents qualifying as the prevailing parties in the underlying litigation, as provided in the Operating Agreement; the Condominium Declaration; Florida's Deceptive and Unfair Trade Practices Act; or Florida Rule of Civil Procedure 1.442 and section 768.79, Florida Statutes.

Petitioners' Motion for Appellate Attorney's Fees is hereby denied.

Petitioners' Motion to Strike Proposals for Settlement is hereby denied.

FERNANDEZ, LOGUE and GORDO, JJ., concur.

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