Marty v. Bainter, 727 So. 2d 1124 (Fla. 5th DCA 1999). · Go Syfert
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Marty v. Bainter, 727 So. 2d 1124 (Fla. 5th DCA 1999). Cases Citing This Book View Copy Cite
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cited 5× by 5 distinct cases, 2008–2026 · …n award of attorney's fees and costs predicated on a reversed or vacated final judgment also must be reversed. at p. 1125 ✓
43 citation events (39 in the last 25 years) across 2 distinct courts.
Strongest positive: Cbre, Inc. v. Didiergroup, LLC, Blake Plumley, Capital Pursuits, LLC, and Rison Corners Property, LLC (fladistctapp, 2026-05-01)
Treatment trajectory · 1999 → 2026 · click a year to view as-of
1999 2012 2026
Top citers, strongest first. 36 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Cbre, Inc. v. Didiergroup, LLC, Blake Plumley, Capital Pursuits, LLC, and Rison Corners Property, LLC
Fla. Dist. Ct. App. · 2026 · quote attribution · 1 verbatim quote · confidence high
n award of attorney's fees and costs predicated on a reversed or vacated final judgment also must be reversed.
discussed Cited as authority (verbatim quote) Travelers Home v. Gallo
Fla. Dist. Ct. App. · 2018 · signal: see · quote attribution · 1 verbatim quote · confidence high
n award of attorney's fees and costs predicated on a reversed or vacated final judgment also must be reversed.
discussed Cited as authority (verbatim quote) Crestview Hospital Corp. v. Coastal Anesthesia, P.A.
Fla. Dist. Ct. App. · 2017 · signal: see · quote attribution · 1 verbatim quote · confidence high
n award of attorney's fees and costs predicated on a reversed or vacated final judgment also must be reversed.
discussed Cited as authority (verbatim quote) Panama City-Bay County Airport v. Kellogg Brown & Root Services, Inc.
Fla. Dist. Ct. App. · 2014 · quote attribution · 1 verbatim quote · confidence high
n award of attorney's fees and costs predicated on a reversed or vacated final judgment also must be reversed.
discussed Cited as authority (verbatim quote) Jackson v. Palms of Perdido, LLC
Fla. Dist. Ct. App. · 2013 · signal: see · quote attribution · 1 verbatim quote · confidence high
n award of attorney's fees and costs predicated on a reversed or vacated final judgment also must be reversed
discussed Cited as authority (verbatim quote) Dooley and MacK, Inc. v. Buildtec Const.
Fla. Dist. Ct. App. · 2008 · quote attribution · 1 verbatim quote · confidence high
n award of attorney's fees and costs predicated on a reversed or vacated final judgment also must be reversed.
cited Cited as authority (rule) Brendan Hurley, as Personal Representative of the Estate of Harry G. Veon v. Shirley Ann Veon
Fla. Dist. Ct. App. · 2024 · confidence medium
Nat’l Track Servs., Inc. v. Gilley, 152 So. 3d 13, 19 (Fla. 1st DCA 2014) (citing Marty v. Bainter, 727 So. 2d 1124, 1125 (Fla. 1st DCA 1999)); see also Great Am.
discussed Cited as authority (rule) Geico Indemnity Co. v. Perez
Fla. Dist. Ct. App. · 2019 · confidence medium
See City of Hollywood v. Witt, 939 So. 2d 315, 319 (Fla. 4th DCA 2006) (recognizing that “where an award of attorney’s fees is dependent upon the judgment obtained, the reversal of the underlying judgment necessitates the reversal of the fee award”); Marty v. Bainter, 727 So. 2d 1124, 1125 (Fla. 1st DCA 1999) (“Once a final judgment is reversed and remanded by an appellate court, there can be no prevailing party for purposes of an award of prevailing party attorney’s fees.
cited Cited as authority (rule) THE WATERVIEW TOWERS CONDO. ASSOC. v. CITY OF WEST PALM BEACH and PALM HARBOR HOTEL, LLC
Fla. Dist. Ct. App. · 2018 · confidence medium
Recruiters Enters., 922 So. 2d 1090, 1096 (Fla. 4th DCA 2006); Marty v. Bainter, 727 So. 2d 1124, 1125 (Fla. 1st DCA 1999).
cited Cited as authority (rule) New Dirt, Inc. v. Harrison
Fla. Dist. Ct. App. · 2015 · confidence medium
Recruiters Enters., Inc., 922 So.2d 1090, 1096 (Fla. 4th DCA 2006); Marty v. Bainter, 727 So.2d 1124, 1125 (Fla. 1st DCA 1999).
cited Cited as authority (rule) Southern National Track Services, Inc. v. DJ Gilley
Fla. Dist. Ct. App. · 2014 · confidence medium
Consequently, an award of attorney’s fees and costs predicated on a reversed or vacated final judgment also must be reversed.” Marty v. Bainter, 727 So.2d 1124, 1125 (Fla. 1st DCA 1999).
discussed Cited as authority (rule) Graney v. Caduceus Properties, LLC
Fla. Dist. Ct. App. · 2012 · confidence medium
See Hickman v. Barclay’s Int’l Realty, Inc., 12 So.3d 327, 327 (Fla. 4th DCA 2009) (reversing order granting attorney’s fees pursuant to section 768.79 where appellate court reversed trial court’s order granting final summary judgment in favor of appellees); City of Hollywood v. Witt, 939 So.2d 315, 319 (Fla. 4th DCA 2006) (“[W]here an award of attorney’s fees is dependent upon the judgment obtained, the reversal of the underlying judgment necessitates the reversal of the fee award.”); Marty v. Bainter, 727 So.2d 1124, 1125 (Fla. 1st DCA 1999) (“Once a final judgment is reverse…
cited Cited as authority (rule) River Bridge Corp v. American Somax Ventures
Fla. Dist. Ct. App. · 2011 · confidence medium
Recruiters Enters., 922 So.2d 1090, 1096 (Fla. 4th DCA 2006); Marty v. Bainter, 727 So.2d 1124, 1125 (Fla. 1st DCA 1999).
cited Cited as authority (rule) United States v. Morrison
Fla. Dist. Ct. App. · 2010 · confidence medium
Consequently, an award of attorney’s fees and costs predicated on a reversed or vacated final judgment also must be reversed.” Marty v. Bainter, 727 So.2d 1124, 1125 (Fla. 1st DCA 1999).
cited Cited as authority (rule) Hickman v. BARCLAY'S INTERNATIONAL REALTY, INC.
Fla. Dist. Ct. App. · 2009 · confidence medium
Bank, 875 So.2d 672, 672-73 (Fla. 3d DCA 2004); Marty v. Bainter, 727 So.2d 1124, 1125 (Fla. 1st DCA 1999); Nathanson v. Houss, 717 So.2d 114, 117 (Fla. 4th DCA 1998).
discussed Cited as authority (rule) Perlow v. Berg-Perlow
Fla. Dist. Ct. App. · 2006 · confidence medium
Recruiters Enters., 922 So.2d 1090, 1096 (Fla. 4th DCA 2006) (citing Marty v. Bainter, 727 So.2d 1124, 1125 (Fla. 1st DCA 1999); Div. of Admin., State of Fla. Dep't of Transp. v. Consolidated-Tomoka Land Co., 448 So.2d 12, 13 (Fla. 4th DCA 1984)).
discussed Cited "see" Sierra Orlando Properties, Ltd., D/B/A Caribe Royale Resort Suites v. Melissa Allen
Fla. Dist. Ct. App. · 2025 · signal: see · confidence high
See Marty v. Bainter, 727 So. 2d 1124, 1125 (Fla. 1st DCA 1999) (“[A]n award of attorney’s fees and costs predicated on a reversed or vacated final judgment also must be reversed.” (citations omitted)).
discussed Cited "see" Paraiso CU-1, LLC v. PRH Paraiso Four, LLC
Fla. Dist. Ct. App. · 2025 · signal: see · confidence high
See Marty v. Bainter, 727 So. 2d 1124, 1125 (Fla. 1st DCA 1999) (“Once a final judgment is reversed and remanded by an appellate court, there can be no prevailing party for purposes of an award of prevailing party attorney’s fees.
cited Cited "see" WILLIAM L. RAMOS, JR. v. MICHAEL HALPERN, etc.
Fla. Dist. Ct. App. · 2022 · signal: see · confidence high
See Dooley & Mack Constructors, Inc., v. Buildtec Const. Grp., Inc., 983 So. 2d 1243 2 (Fla. 3d DCA 2008) (citing Marty v. Bainter, 727 So. 2d 1124 (Fla. 1st DCA 1999)).
cited Cited "see" Judah Imhof, Richard Bullard, Beach To Bay Connection, Inc., and South Walton Community Council, Inc. v. Walton County, Florida, a political subdivision of the State of Florida, and Ashwood Holdings Florida, LLC, a Florida limited liability company
Fla. Dist. Ct. App. · 2021 · signal: see · confidence high
See Marty v. Bainter, 727 So. 2d 1124, 1125 (Fla. 1st DCA 1999).
discussed Cited "see" Restal v. Nocera
Fla. Dist. Ct. App. · 2019 · signal: see · confidence high
See Marty v. Bainter , 727 So.2d 1124 , 1125 (Fla. 1st DCA 1999) ("Once a final judgment is reversed and remanded by an appellate court, there can be no prevailing party for purposes of an award of prevailing party attorney's fees.
discussed Cited "see" Restal v. Nocera
Fla. Dist. Ct. App. · 2019 · signal: see · confidence high
See Marty v. Bainter , 727 So.2d 1124 , 1125 (Fla. 1st DCA 1999) ("Once a final judgment is reversed and remanded by an appellate court, there can be no prevailing party for purposes of an award of prevailing party attorney's fees.
discussed Cited "see" FL-7, Inc. v. SWF Premium Real Estate LLC.
Fla. Dist. Ct. App. · 2019 · signal: see · confidence high
See Marty v. Bainter , 727 So.2d 1124 , 1125 (Fla. 1st DCA 1999) ("Once a final judgment is reversed and remanded by an appellate court, there can be no prevailing party for purposes of an award of prevailing party attorney's fees.
discussed Cited "see" FL-7, Inc. v. SWF Premium Real Estate LLC.
Fla. Dist. Ct. App. · 2019 · signal: see · confidence high
See Marty v. Bainter , 727 So.2d 1124 , 1125 (Fla. 1st DCA 1999) ("Once a final judgment is reversed and remanded by an appellate court, there can be no prevailing party for purposes of an award of prevailing party attorney's fees.
discussed Cited "see" FL - 7, INC. v. S W F PREMIUM REAL ESTATE, L L C
Fla. Dist. Ct. App. · 2019 · signal: see · confidence high
See Marty v. Bainter, 727 So. 2d 1124, 1125 (Fla. 1st DCA 1999) ("Once a final judgment is reversed and remanded by an appellate court, there can be no prevailing party for purposes of an award of prevailing party attorney's fees.
discussed Cited "see" DEUTSCHE BANK, NATIONAL TRUST CO., AS TRUSTEE v. WILLIAM F. NOLL
Fla. Dist. Ct. App. · 2018 · signal: see · confidence high
See US Bank Nat'l Ass'n for CSFB Heat 2006-7 v. Tranumn, 234 So. 3d 871 , 872 (Fla. 1st DCA 2018) (citing Marty v. Bainter, 727 So. 2d 1124, 1125 (Fla. 1st DCA 1999) ("Once a final judgment is reversed and remanded by an appellate court, there can be no prevailing party for purposes of an award of prevailing party attorney's fees.
discussed Cited "see" Deutsche Bank Nat'l Trust Co. v. Noll
Fla. Dist. Ct. App. · 2018 · signal: see · confidence high
See U.S. Bank Nat'l Ass'n for CSFB Heat 2006-7 v. Tranumn , 234 So.3d 871 , 872 (Fla. 1st DCA 2018) (citing Marty v. Bainter , 727 So.2d 1124 , 1125 (Fla. 1st DCA 1999) ("Once a final judgment is reversed and remanded by an appellate court, there can be no prevailing party for purposes of an award of prevailing party attorney's fees.
discussed Cited "see" Deutsche Bank Nat'l Trust Co. v. Noll
Fla. Dist. Ct. App. · 2018 · signal: see · confidence high
See U.S. Bank Nat'l Ass'n for CSFB Heat 2006-7 v. Tranumn , 234 So.3d 871 , 872 (Fla. 1st DCA 2018) (citing Marty v. Bainter , 727 So.2d 1124 , 1125 (Fla. 1st DCA 1999) ("Once a final judgment is reversed and remanded by an appellate court, there can be no prevailing party for purposes of an award of prevailing party attorney's fees.
discussed Cited "see" U.S. Bank National Association, etc. v. Jason Tranumn and D'Honour Tranumn
Fla. Dist. Ct. App. · 2018 · signal: see · confidence high
See Marty v. Bainter, 727 So. 2d 1124, 1125 (Fla. 1st DCA 1999)(“Once a final judgment is reversed and remanded by an appellate court, there can be no prevailing party for purposes of an award of prevailing party attorney’s fees.
discussed Cited "see" Wells Fargo Bank v. Bird
Fla. Dist. Ct. App. · 2018 · signal: see · confidence high
See Marty v. Bainter, 727 So. 2d 1124, 1125 (Fla. 1st DCA 1999) (citing Jupiter Mall Realty Corp. v. Rosner's, Inc., 614 So. 2d 52 (Fla. 4th DCA 1993)); Cohen v. Gen.
discussed Cited "see" Travelers Commercial Insurance etc. v. Crystal Marie Harrington
Fla. Dist. Ct. App. · 2016 · signal: accord · confidence high
Accord Marty v. Bainter, 727 So.2d 1124, 1125 (Fla. 1st DCA 1999) (“Once a final judgment is reversed and remanded by an appellate court, there can be no prevailing party for purposes of an award of prevailing party attorney’s fees.
discussed Cited "see" Chopin and Chopin, LP v. Marianne K. Brennan and Daniel Joseph Brennan
Fla. Dist. Ct. App. · 2015 · signal: see · confidence high
See *511 Marty v. Bainter, 727 So.2d 1124, 1125 (Fla. 1st DCA 1999) (an award of attorneys’ fees and costs.predicated on a reversed or vacated final judgment also must be reversed).
discussed Cited "see" OCEAN CLUB COMMUNITY ASS'N, INC. v. Curtis
Fla. Dist. Ct. App. · 2007 · signal: see · confidence high
See Marty v. Bainter, 727 So.2d 1124 (Fla. 1st DCA 1999)(stating that an award of attorney fees and costs predicated on a reversed or vacated final judgment also must be reversed).
cited Cited "see" Viets v. AREI
Fla. Dist. Ct. App. · 2006 · signal: see · confidence high
See Marty v. Bainter, 727 So.2d 1124, 1125 (Fla. 1st DCA 1999); Div. of Admin., State of Fla. Dep't of Transp. v. Consolidated-Tomoka Land Co., 448 So.2d 12, 13 (Fla. 4th DCA 1984).
discussed Cited "see" Wagner v. Uthoff
Fla. Dist. Ct. App. · 2004 · signal: see · confidence high
See Marty v. Bainter, 727 So.2d 1124, 1125 (Fla. 1st DCA 1999); see also Fraser-Watson v. Maxim Healthcare Servs., 849 So.2d 1201 (Fla. 4th DCA 2003); Rockledge Mall Assocs., Ltd. v. Custom Fences of Brevard, Inc., 779 So.2d 558, 559 (Fla. 5th DCA 2001).
cited Cited "see, e.g." S & I INVESTMENTS v. Payless Flea Market, Inc.
Fla. Dist. Ct. App. · 2010 · signal: see also · confidence medium
Recruiters Enters., Inc., 922 So.2d 1090, 1096 (Fla. 4th DCA 2006); see also Marty v. Bainter, 727 So.2d 1124, 1125 (Fla. 1st DCA 1999).
Retrieving the full opinion text from the archive…
Marcel E. MARTY, Appellant,
v.
Patrick J. BAINTER, Appellee.
98-599.
District Court of Appeal of Florida, Fifth District.
Mar 12, 1999.
727 So. 2d 1124
Joanos.
Cited by 37 opinions  |  Published

[*1125] Milton H. Baxley II, Gainesville, for Appellant.

Ross T. Clark, Law Offices of Bateh & Clark, Jacksonville; and Michael J. Korn of Korn & Zehmer, P.A., Jacksonville, for Appellee.

JOANOS, J.

This is the second time this court has been asked to review actions taken by the lower tribunal in connection with the underlying litigation between the parties to this appeal. In the first appeal, appellant sought reversal of orders of the circuit court dismissing appellant's appeal of an arbitration award, confirming the arbitration award, and awarding the amount of money damages set by the arbitrator. Because the circuit court was acting in its appellate capacity, this court treated the appeal as a petition for writ of certiorari, granted the petition, and quashed the order under review. The order was quashed because the circuit court did not give appellant the required 10-day notice before imposing the sanction of dismissal due to appellant's failure to comply with the appellate rules. See Marty v. Bainter, 709 So.2d 185 (Fla. 1st DCA 1998)(Marty I).

During the pendency of the prior appeal, the circuit court, acting in its capacity as a trial court, entered final judgment awarding attorney's fees and costs in favor of appellee. The award was predicated on the final judgment for money damages in favor of appellee as a result of the arbitration, which judgment subsequently was reversed by this court's decision in Marty I.

Once a final judgment is reversed and remanded by an appellate court, there can be no prevailing party for purposes of an award of prevailing party attorney's fees. Consequently, an award of attorney's fees and costs predicated on a reversed or vacated final judgment also must be reversed. See Jupiter Mall Realty Corp. v. Rosner's, Inc., 614 So.2d 52 (Fla. 4th DCA 1993); Association Financial Services, Inc. v. Lewis, 551 So.2d 590, 591 (Fla. 5th DCA 1989); Thornburg v. Pursell, 476 So.2d 323, 324 (Fla. 2d DCA 1985). Appellee in this case properly concedes the award of attorney's fees and costs should be reversed, pending the final disposition of the underlying judgment.

Accordingly, the appealed final judgment is vacated and the cause is remanded for further proceedings, pending the ultimate disposition of appellant's appeal of the arbitration award and final judgment in favor of appellee, the plaintiff in the proceedings in the lower tribunal.

MINER and DAVIS, JJ., CONCUR.