Margaret Green a/k/a Peggy M. Green, Individually and in Her Capacity as General Partner of Big Oaks Ranch Limited Partnership, et al., Appellant, v. Raymond M. Green and Richard B. Green, in their Capacity as Limited Partners of, and Derivatively for, Big Oaks Ranch Limited Partnership, et al, Appellees. (2026)

Appellant challenges the final judgment awarding attorney's fees and court costs to Appellees that were predicated upon the trial court having determined that Appellees were the prevailing party in the consolidated cases below. At the time that Appellant filed this attorney's fees and costs appeal, her appeal of the underlying judgments rendered in the consolidated cases was pending before this court.

We recently issued an opinion in the consolidated merits appeal affirming the judgments in part, reversing them in part, and remanding the matter for further consideration.¹ The reversal has resulted in Appellant now being the prevailing party on a significant issue in the cases involving the distribution of homestead property.

Based on this outcome, we reverse the instant final judgment awarding attorney's fees and court costs; and the matter is remanded for reconsideration by the trial court of both the entitlement and the amount of attorney's fees and costs to be awarded. See Marty v. Bainter, 727 So. 2d 1124, 1125 (Fla. 1st DCA 1999) (“Consequently, an award of attorney's fees and costs predicated on a reversed or vacated final judgment also must be reversed.” (citations omitted)); Corley v. Rivertown, Inc., 863 So. 2d 1244, 1246 (Fla. 5th DCA 2004) (“The test to determine the prevailing party provides that the party that prevailed on the significant issues tried before the court is the prevailing party entitled to an award of attorney's fees.” (citing Prosperi v. Code, Inc., 626 So. 2d 1360, 1363 (Fla. 1993); Moritz v. Hoyt Enters., Inc., 604 So. 2d 807, 810 (Fla. 1992))); Bd. of Regents v. Winters, 918 So. 2d 313, 315 (Fla. 2d DCA 2005) (holding that a determination of the reasonable amount of attorney's fees usually takes into account the results obtained in the litigation).

Our reversal is without prejudice to either party appealing a subsequent final judgment on attorney's fees and court costs entered by the trial court following our remand.

Reversed without prejudice and Remanded for further proceedings.

FOOTNOTES

1.   Green v. Green, 51 Fla. L. Weekly D1519 (Fla. 5th DCA July 24, 2026).

Lambert, J.

Jay, C.J., and MacIver, J., concur.