ASTRA REAL ESTATE LLC v. ELKARIF (2022)

District Court of Appeal of Florida, Fourth District.

ASTRA REAL ESTATE, LLC, a Florida limited liability company, Appellant, v. Rachel ELKARIF, Appellee.

No. 4D21-1565

Decided: May 25, 2022

Michael McCormick, Jr. and Kendrick Almaguer of The Ticktin Law Group, Deerfield Beach, for appellant. Karen M. Sullivan of Karen M. Sullivan, P.A., Margate, for appellee.

Affirmed. See Kelly v. Bankunited, FSB, 159 So. 3d 403, 406–07 (Fla. 4th DCA 2015) (“Where the purpose of section 57.105 is to deter misuse of the judicial system and discourage needless litigation, ․ [w]e do not want to penalize plaintiffs ‘with a substantial assessment of attorney's fees for recognizing the obvious and dismissing their claims that had become moot for reasons unrelated to the merits of the litigation between the parties.’ ” (quoting Tubbs v. Mechanik Nuccio Hearne & Wester, P.A., 125 So. 3d 1034, 1042 (Fla. 2d DCA 2013))).

Per Curiam.

Warner, May and Ciklin, JJ., concur.

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