Florida District Courts of Appeal, 2003

Prison Health Services, Inc. v. Florida Ass'n of Counties Trust

Prison Health Services, Inc. v. Florida Ass'n of Counties Trust
Florida District Courts of Appeal · Decided November 21, 2003 · Davis, Fulmer, Kelly
862 So. 2d 101; 2003 Fla. App. LEXIS 17747; 2003 WL 22737188 (Southern Reporter, Second Series)

Prison Health Services, Inc. v. Florida Ass'n of Counties Trust

Opinion of the Court

DAVIS, Judge.

Prison Health Services, Inc. (PHS), challenges the trial court order requiring it to pay the attorney’s fees and costs that Flor*102ida Association of Counties Trust (FACT) was awarded as the prevailing party in the underlying litigation between the parties on a contract dispute. Because this court has reversed the summary judgment entered in favor of FACT, see Prison Health Servs., Inc. v. Fla. Ass’n of Counties Trust, 28 Fla. L. Weekly D2510 (Fla. 2d DCA Oct.31, 2003), FACT is no longer the prevailing party; therefore, we reverse the instant award of attorney’s fees and costs. See § 57.105(1), Fla. Stat. (2002).

Reversed.

FULMER and KELLY, JJ., Concur.

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