Caplan v. 1616 East Sunrise Motors, Inc., 522 So. 2d 920 (Fla. 3d DCA 1988). · Go Syfert
Caplan v. 1616 East Sunrise Motors, Inc., 522 So. 2d 920 (Fla. 3d DCA 1988). Cases Citing This Book View Copy Cite
40 citation events (14 in the last 25 years) across 4 distinct courts.
Strongest positive: AKAI Custom Guns, LLC v. KKM Precision, Inc. (flsd, 2025-08-29)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 18 distinct citers. How cited ↗
cited Cited as authority (rule) AKAI Custom Guns, LLC v. KKM Precision, Inc.
S.D. Fla. · 2025 · confidence medium
Sunrise Motors, Inc., 522 So. 2d 920, 922 (Fla. 3d DCA 1988).
cited Cited as authority (rule) Palm Beach Polo, Inc. v. The Village of Wellington
S.D. Fla. · 2021 · confidence medium
Sunrise Motors, Inc., 522 So.2d 920, 922 (Fla. 3d DCA 1988)).
discussed Cited as authority (rule) DFG Group, LLC v. Stern
Fla. Dist. Ct. App. · 2017 · confidence medium
Sunrise Motors, Inc., 522 So.2d 920, 921 (Fla. 3d DCA 1988) (purchaser of an automobile dealership was not liable for Lemon Law violations of its predecessor- because none of the exceptions to the general rule of successor liability as set forth in Bernard were present).
cited Cited as authority (rule) Deer Valley Realty, Inc. v. SB Hotel Associates, LLC
Fla. Dist. Ct. App. · 2016 · confidence medium
Sunrise Motors, Inc., 522 So.2d 920, 922 (Fla. 3d DCA 1988)).
cited Cited as authority (rule) 22ND Century Properties, LLC and David F. Damerau v. FPH Properties, LLC
Fla. Dist. Ct. App. · 2015 · confidence medium
Sunrise Motors, Inc., 522 So.2d 920, 922 (Fla. 3d DCA 1988)).
cited Cited as authority (rule) Daddono v. Miele
Fla. Dist. Ct. App. · 2011 · confidence medium
Sunrise Motors, Inc., 522 So.2d 920, 922 (Fla. 3d DCA 1988)).
discussed Cited as authority (rule) Durden v. CITICORP TRUST BANK, FSB (2×) also: Cited "see"
M.D. Fla. · 2011 · confidence medium
Sunrise Motors, Inc., 522 So.2d 920, 922 (Fla. 3d DCA 1988).
cited Cited as authority (rule) Current Builders v. First Sealord Sur.
Fla. Dist. Ct. App. · 2008 · confidence medium
Sunrise Motors, Inc., 522 So.2d 920, 922 (Fla. 3d DCA 1988).
discussed Cited as authority (rule) Chodorow v. Moore
Fla. Dist. Ct. App. · 2007 · confidence medium
Sunrise Motors, Inc., 522 So.2d 920, 922 (Fla. 3d DCA 1988) ("[W]here . . . all the claims made against a defendant involve `a common core of facts and [are] based on related legal theories,' the award of attorney's fees should not be reduced in the absence of a showing that the defendant's attorneys spent a separate and distinct amount of time in defending a count upon which no attorney's fees were awardable. ") (citing Chrysler Corp. v. Weinstein, 522 So.2d 894, 896 (Fla. 3d DCA 1988)) (emphasis added). "[T]he party seeking fees has the burden to allocate them to the issues for which fees ar…
discussed Cited as authority (rule) Anglia Jacs & Co., Inc. v. Dubin
Fla. Dist. Ct. App. · 2002 · confidence medium
Sunrise Motors, Inc., 522 So.2d 920, 922 (Fla. 3d DCA 1988)(reasoning that "time spent marshaling the facts of the sale, the condition of the car, repairs, damages, etc., likely would have been spent defending any one or all of the counts"); Regency Homes of Dade, Inc. v. McMillen, 689 So.2d 1204 (Fla. 3d DCA 1997)(plaintiffs who could not claim entitlement to fees arising on a contract claim were, nevertheless, entitled to the full award because they properly pled entitlement to another claim on which they prevailed).
examined Cited as authority (rule) Schultz v. Hembree (3×) also: Cited "see"
9th Cir. · 1992 · confidence medium
Id. at 921-22 (footnote omitted).
examined Cited as authority (rule) United States Court of Appeals, Ninth Circuit (3×) also: Cited "see"
9th Cir. · 1992 · confidence medium
In contrast, time spent by Sunrise's attorneys, for example, researching the discrete issue of the liability of a dealer under the Lemon Law should not be included in the award of attorney's fees. 25 Id. at 921-22 (footnote omitted). 26 The Caplan opinion persuasively demonstrates that Florida has already selected what this majority concludes is a "conceptually flawed" rule that "overcompensates." Clearly, the Florida court would determine what fees are wholly unrelated to the shifting claims and award all the rest. 27 I further disagree with the majority's conclusion (fn. 7) that "Ohio courts…
cited Cited as authority (rule) Zaremba Florida Co. v. Klinger
Fla. Dist. Ct. App. · 1989 · confidence medium
See Chrysler Corp. v. Weinstein, 522 So.2d 894 (Fla. 3d DCA 1988); Caplan v. 1616 East Sunrise Motors, Inc., 522 So.2d 920, 922 (Fla. 3d DCA 1988).
discussed Cited as authority (rule) Maserati Automobiles Inc. v. Caplan
Fla. Dist. Ct. App. · 1988 · confidence medium
See Folta v. Bolton, 493 So.2d 440 (Fla. 1986); Florida Patient's Compensation Fund v. Rowe, 472 So.2d 1145 (Fla. 1985); Caplan v. 1616 East Sunrise Motors, Inc., 522 So.2d 920 *997 (Fla. 3d DCA 1988); Skidmore, Owings & Merrill v. Volpe Constr.
discussed Cited "see" Redman v. Cobb International, Inc. (2×) also: Cited "see, e.g."
M.D. Fla. · 1998 · signal: see · confidence high
See id.
cited Cited "see" Regency Homes of Dade, Inc. v. McMillen
Fla. Dist. Ct. App. · 1997 · signal: see · confidence high
See Caplan v. 1616 East Sunrise Motors, Inc., 522 So.2d 920, 921-22 (Fla. 3d DCA 1988); Chrysler Corp. v. Weinstein, 522 So.2d 894, 896 (Fla. 3d DCA 1988).
discussed Cited "see" Ivans v. McKid Ltd.
Fla. Dist. Ct. App. · 1994 · signal: see · confidence high
See Captan v. 1616 East Sunrise Motors, Inc., 522 So.2d 920, 921 (Fla. 3d DCA 1988) (“no amount of success against one defendant — even if sufficient to fully compensate the plaintiff — can be considered success against a different defendant.
discussed Cited "see, e.g." Movie Prop Rentals LLC v. The Kingdom of God Global Church
S.D. Fla. · 2024 · signal: see, e.g. · confidence medium
See, e.g., Caplan v. 1616 East Sunrise Motors, Inc., 522 So. 2d 920, 921 (Fla. 3rd DCA 1988) (“holding that where, as here, all the claims made against a defendant involve ‘a common core of facts and [are] based on related legal theories,’ the award of attorney's fees should not be reduced in the absence of a showing that the defendant's attorneys spent a separate and distinct amount of time in defending a count upon which no attorney's fees were awardable.’”) (citation omitted).
Retrieving the full opinion text from the archive…
Robert CAPLAN, Appellant/Cross-Appellee,
v.
1616 EAST SUNRISE MOTORS, INC., Appellee/Cross-Appellant.
87-917, 87-2791.
District Court of Appeal of Florida, Third District.
Mar 8, 1988.
522 So. 2d 920
Hubbart, Baskin and Daniel S. Pearson.
Cited by 21 opinions  |  Published

Young, Stern & Tannenbaum and Barry S. Franklin and Jeremy Koss, North Miami Beach, for appellant/cross-appellee.

McCune, Hiaasen, Crum, Ferris & Gardner and Bryan W. Duke, Fort Lauderdale, for appellee/cross-appellant.

[*921] Before HUBBART, BASKIN and DANIEL S. PEARSON, JJ.

DANIEL S. PEARSON, Judge.

We affirm the judgment entered upon a directed verdict for the defendant, 1616 East Sunrise Motors, Inc. [Sunrise]. We assume, but do not decide, that a franchised motor vehicle dealer as well as a manufacturer may be held liable to a consumer under the Motor Vehicle Warranty Enforcement Act [commonly known as the Florida Lemon Law], §§ 681.10-.108, Fla. Stat. (1983). Nevertheless, we hold that Sunrise, as the purchaser of an automobile dealership company, is subject to no successor liability, under the Lemon Law or otherwise, for its predecessor's sale of the defective motor vehicle where there is no evidence to trigger any of the exceptions to the general rule of no successor liability, outlined in Bernard v. Kee Manufacturing Co., 409 So.2d 1047 (Fla. 1982).

Additionally, we affirm the separate order awarding Sunrise attorney's fees under the Florida Deceptive and Unfair Trade Practices Act, §§ 501.201-.213, Fla. Stat. In so doing, we reject Caplan's contention that Sunrise — the dealer — cannot be a prevailing party as required by Section 501.2105, Florida Statutes,[1] because Caplan recovered a judgment on his claim against the co-defendant — the manufacturer.[2] While it is true, as Caplan argues, that a plaintiff need not recover on each of his alternative theories of liability against a particular defendant to be a prevailing party, Hendry Tractor Co. v. Fernandez, 432 So.2d 1315 (Fla. 1983), no amount of success against one defendant — even if sufficient to fully compensate the plaintiff — can be considered success against a different defendant. Thus, a defendant who prevails against a plaintiff may properly view as irrelevant that the plaintiff prevailed against another defendant in the same action. See Quijano v. Florida Patient's Compensation Fund, 520 So.2d 656 (Fla. 3d DCA 1988).

We do not agree with Caplan that Florida Patient's Compensation Fund v. Black, 460 So.2d 381 (Fla. 2d DCA 1984), holds that recovery of judgment against any single defendant precludes other defendants against whom no recovery is had from being considered prevailing parties for the purposes of awarding attorney's fees. Instead, we read Black as announcing the extremely narrow rule — indeed, one uniquely confined to the Patient's Compensation Fund statute — that where the Fund is properly joined as a defendant in a suit against one of its members, and the Fund thereafter exercises its option to appear and actively defend itself upon its evaluation that the claim against the health care provider may exceed $100,000 — the amount required to trigger the Fund's liability to the plaintiff — an ultimate verdict of less than this amount does not make this voluntarily-appearing defendant a prevailing party. But where, as in Quijano, the Fund has no possible liability — and its participation as a defendant is involuntary — a judgment in its favor makes it a prevailing party entitled to attorney's fees.

Lastly, we turn to Sunrise's contention in its cross-appeal that it was awarded too little in attorney's fees. Sunrise presented unrebutted evidence that its attorneys spent 177 taxable hours on the case and that a rate of $125 an hour was reasonable, but was awarded only $13,678.50 instead of the approximately $22,000 that had been requested. Caplan contends that the amount of fees awarded was properly reduced because the services by Sunrise's[*922] attorneys were not confined to the defense of the count brought under the Florida Unfair and Deceptive Trade Practices Act — for which fees are authorized — but included other counts for which fees are not authorized.[3] We reject this contention in favor of a holding that where, as here, all the claims made against a defendant involve "a common core of facts and [are] based on related legal theories," the award of attorney's fees should not be reduced in the absence of a showing that the defendant's attorneys spent a separate and distinct amount of time in defending a count upon which no attorney's fees were awardable. Chrysler Corp. v. Weinstein, 522 So.2d 894, 896 (Fla. 3d DCA 1988). Thus, in the present case, time spent marshaling the facts of the sale, the condition of the car, repairs, damages, etc., likely would have been spent defending any one or all of the counts. In contrast, time spent by Sunrise's attorneys, for example, researching the discrete issue of the liability of a dealer under the Lemon Law should not be included in the award of attorney's fees.

In sum, the judgment for 1616 East Sunrise Motors, Inc. and the order awarding it attorney's fees are affirmed. The case is, however, remanded to the trial court to reconsider the amount of the award of attorney's fees in light of the principles discussed in this opinion.

Affirmed in part; remanded to the trial court with directions.

1 Section 501.2105, Florida Statutes (1983), provides in pertinent part:

"(1) In any civil litigation resulting from a consumer transaction involving a violation of this part, ... the prevailing party, after judgment in the trial court and exhaustion of all appeals, if any, shall receive his reasonable attorney's fees and costs from the non-prevailing party."

2 The judgment against the manufacturer is the subject of a separate appeal pending in this court as Maserati Automobiles, Inc. v. Caplan, Case Nos. 87-1163 and 87-1635.
3 Although the Lemon Law does contain fee provisions authorizing an award of fees to the consumer, § 681.104(5)(b), Fla. Stat. (1983), and to a defendant in an action brought in bad faith, § 681.106, Fla. Stat. (1983), neither of these provisions is applicable here.