Kempton v. McComb
Kempton v. McComb
Opinion of the Court
William Kempton appeals the trial court's order awarding attorney's fees and costs to Lawrence McComb, pursuant to section 768.79, Florida Statutes (2015), and Florida Rule of Civil Procedure 1.442. The award of attorney's fees and costs was *273based on the trial court's entry of a final judgment in favor of Mr. McComb after applying section 768.36, Florida Statutes (2015), to completely bar recovery by Mr. Kempton. We recently reversed the final judgment in favor of Mr. McComb with directions to enter a final judgment awarding damages to Mr. Kempton in accordance with the jury's apportionment of fault. See Kempton v. McComb,
Given our reversal of the final judgment, we must reverse the trial court's order awarding attorney's fees and costs in Mr. McComb's favor. See Hodge v. Cichon,
REVERSED.
EVANDER, C.J., ORFINGER and SASSO, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.