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IN THE CIRCUIT COURT OF THE ITTH JUDICIAL CIRCUIT IN AND FOR BROWARD COI.'NTY, FLORIDA
CITY OF HOLLYWOOD, FLORIDA a Municipal Corporation Organized & Existing under the Laws of the State of Florida
Plaintiff,
vs.
I
ORDER ON DEFENDAI\T'S MOTION TO DISMISS AI\ID FOR COSTS AI\ID FEES THIS CAUSE came before the cotrt on Defendant Steven Kohn's Motion to Dismiss
pursuant to Rule 1.060(c), Florida Rules of Civil Procedure and for Costs and Fees pursuant to
section 162.10, Florida Statutes. The court having considered same, being duly advised in
premises and law, dispenses with oral argument and finds and decides as follows:
The City of Hollyvood (*Plaintiff') filed its Complaint against Steve,n Kohn seeking to collect the Order of Imposition of Fine and Claim of Lien cntered by a Special Master of the City
of Hollynvood, finding Steven Kohn in violation of section 92.02(A) of the City of Hollyrood
Code of Ondinances. On Nove,mber 14, 2011, this Court e,ntered an order granting without prejudice, Defendant's Motion
exceeding the marimum fine allowable by the ordinance. The Order allowed Plaintiff twenty (20) days to show this Court authority under which Defendant can be fined more than $100 total.
Plaintiff failed to file any authority with the court within twenty days, but filed a Motion for
Rehearing on the Nove,lnber
l4,20ll
CASE NO.:
tl4t62l0
(18)
("the Transfer Ordef') limiting Plaintiffs damages to $100.00. Since the claim for relief was no
longer within the jurisdictional limits of this Court, the case was transfemed county court.
Defendant now brings its Motion to Dismiss pursuant to rule 1.060(c), Florida Rules of Civil Procedure' for PlaintifPs failure to pay transfer fees.
In support of his Motion, Defendant argues that more than thirty (30) days have elapsed
since the Transfer Order was entered and Plaintiff failed to stay the order pending appeal to the
Fourth District Cotrt of Appeal of Florida. The court agrees. Accordingly, this action must be
I
h
["
I
.lisnrissod-
Next, Defendant argues entitlement to fees and costs pursuant to section 162.10, Florida
Statutes2 as a "prevailing
party''. Generally, the prevailing party is the party that won on the
significant issues in litigation. M.A. Hajianpour, M.D., v. Khosrow Maleki, P.A., 975 So. 2d
1288, 1289 (Fla. 4th DCA 2008) (citing Moritz v. Hoyt Enters., lnc.,604 So. 2d 807 (Fla. 1992)).
However, a defendant is entitled to fees pursuant to the the prevailing party standard when a
plaintiff fails to firther pursue its claims when the case was dismissed. Frazier v. Dreyftus,
So. 2d 1183, 1185 (Fla. 4th
14
DCA 2009).
ln Frazier, the appellants appealed an order granting attorney's fees in favor of appellee.
Id. at 1183. The appellants, purchasers of thirteen vacatign bungalows in Costa Ricq
into a ontract with appellesrf,ler.
entered
Id.
purchased was public land allegedly owned by the Costa Rican government. Id. at I 184. The
' 1c; Method. The service charge of the clerk of the court to which an action is transferred under this rule shall be paid by the party who commenced the action within 30 days from the date the order of transfer is entered, subject to taxation as provided by law when the action is determined. If the seryice charge is not paid wittrin the 30 days, the action shall be dismissed without oreiudice by the court that entered the order of transfer. or nen - No tien proviaed under the Local Government Code Enforcement Boards Act shall continue for a period longer than 20 years after the certified copy of an order imposing a fine has been recorded, unless within that time an action is commenced pursuant to s. 162.09(3) in a court of competent jtrisdiction. In an action to foreclose on a lien or for a money judgment, the prevailing party is entitled to recover all costs, including reasonable attorney's fee, that it inctrs in an action...
' roz.rT5ffin
Page 2 of 4
I
I
CASE No.: l1-016210 (18) buyers then brought suit against appellee. Id. at 1183. [n response, appellee filed a motion to dismiss based on a provision in the contract mandating the arbitration Costa Rican-American Chamber
of Commrce in
Costa
elected not
to arbitrate their claims because of the expense associated with the retention of counsel in Costa
Rica. Id. The appellee moved to dismiss the suit for failtre to comply with the court orders
requiring arbitration and moved for prevailing party attorney's fees.
fismisscd fre action
Id.
instituted arbitration proceedings in Costa Rica or othenvise decided not to pursue their claims,
the seller prevailed in the action when the case was dismissed. Id. at I 184-5 (applyrng reasoning of Alhambra Homeowners Ass'n v. Asad,943 So. 2d 316 (Fla. 4th DCA 2006)). Since this Cotrt
found the amount in controversy must be limited to $ 100, jurisdiction was no longer within this
Court. For whatever reason, Plaintiff has failed to pursue its claim in county court.
Regardless
of whether Plaintiff prevails in county court, Defendant prevailed on this action upon dismissal. Accordingly, costs and fees are appropriate for Defendant as a prevailing pafiy.
This Court acknowledges that the authority provided within Plaintiffs Motion for
Rehearing was heard before the Fourth District Court of Appeal of Florida, which dismissed the issus on its merits.3 Aeordingly, Plaintiffs Motion for Rehearing is moot. Neverttreless, this
Court finds that a Motion for Rehearing is an improper motion on a non-final order. See Wagner
v. Bieley, Wagner
&
Assocs.,
Page 3
of 4
It is funher ORDERED that Plaintiffs Motion for Costs and Fees Pursuant to section
162.10, Florida Statutes
detrrnine the
this
day of April
Copiesfuuighod to: Steve Kohn, 3841 N. 5l$ Avenue, Hollpvood, Florida330}l Stacey S. Fisher, Esq., 277 5 Sunny Isles Blvd., Suite 100, Miami, Florida
33 160-4007
a>'.+-:
}*ii;:a-t:
Page 4 of 4