Third District Court of Appeal
State of Florida
Opinion filed May 22, 2019.
Not final until disposition of timely filed motion for rehearing.
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No. 3D18-791
Lower Tribunal No. 16-7189
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Country Club of Miami Condominium Association, Inc.,
Appellant,
vs.
Naidima Gracia, et al.,
Appellees.
An appeal from the Circuit Court for Miami-Dade County, Abby Cynamon,
Judge.
Kawel PLLC, and Andrew Paul Kawel and Andrew Richard Verblow, for
appellant.
Roger Cabrera, P.A., and Roger Cabrera, for appellees.
Before EMAS, C.J., and SCALES and MILLER, JJ.
MILLER, J.
As we have no basis for concluding the trial court abused its discretion in
denying appellant’s motion for entitlement to attorney’s fees, we affirm. See
Kelsey v. Metro Constr., 31 So. 3d 252, 254 (Fla. 3d DCA 2010) (“The standard of
review for prevailing party attorney’s fees is abuse of discretion.” (citation
omitted)); see also Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150,
1152 (Fla. 1979) (“Without a[n adequate] record . . . the appellate court can not
properly resolve the underlying factual issues so as to conclude that the trial
court’s judgment is not supported by the evidence or by an alternative theory.
Without knowing the factual context, neither can an appellate court reasonably
conclude that the trial judge so misconceived the law as to require reversal.”); Del
Valle v. Biltmore II Condo. Ass’n, Inc., 411 So. 2d 1356, 1358 (Fla. 3d DCA
1982) (“Where, as here, the unit owner denies each and every material allegation
in a complaint for injunctive relief and, additionally, interposes affirmative
defenses . . . which, if proved at time of trial, would have precluded the
Association from obtaining the relief requested, we have no basis for concluding
that the Association was the prevailing party where the dismissal for mootness was
unrelated to the merits of the case.”).
Affirmed.
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