District Court of Appeal of Florida

Summary judgment for defendant and denial of plaintiff's motion for rehearing is affirmed where there was no showing that an amendment to defendant's affirmative defenses caused plaintiff any prejudice, and there is no support in Florida law for the payment of attorney's fees and costs in plaintiff's favor as the non-prevailing party.

Appellate Information

• Decided 11/15/2006
• Published 11/15/2006

Judges

• Before GERSTEN, GREEN and RAMIREZ, JJ.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Pepe & Nemire, Coral Gables, and Thomas F. Pepe, for appellant.


• For Appellees:
  
• Vincent F. Vaccarella, and Jordan M. Keusch, Aventura;  F. Malcolm Cunningham, Jr., and Amy L. Fischer, West Palm Beach, for appellees.