Warren Technology, Inc. v. UL LLC et al

Filing 69

ORDER denying 65 Motion for Attorney Fees without prejudice to renew. Signed by Ch. Magistrate Judge John J. O'Sullivan on 1/18/2019. See attached document for full details. (tro)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 18-21019-CIV-UNGARO/O’SULLIVAN
WARREN TECHNOLOGY, INC.,
Plaintiff,
v.
UL LLC and TUTCO, LLC, formerly
know as TUTCO, INC.,
Defendants.
__________________________/
ORDER
THIS MATTER is before the Court on the Defendant Tutco LLC’s Verified Motion for
Attorney’s Fees (DE # 65, 12/27/18). Having reviewed the applicable filings and law, it is
ORDERED AND ADJUDGED that the Defendant Tutco LLC’s Verified Motion for Attorney’s
Fees (DE # 65, 12/27/18) is DENIED without prejudice to renew after the exhaustion of all appeals.
The defendant requests attorney’s fees under the Florida Deceptive and Unfair Trade
Practices Act (FDUTPA). “[T]o recover attorney’s fees in a FDUTPA action, a party must prevail
in the litigation; meaning that the party must receive a favorable judgment from a trial court with
regard to the legal action, including the exhaustion of all appeals.” Chow v. Chak Yam Chau, 640
Fed. Appx. 834, 838 (11th Cir. 2015) (quoting Diamond Aircraft Indus., Inc. V. Horowitch, 107 So.3d
362, 367 (Fla. 2013)).
DONE AND ORDERED in Chambers at Miami, Florida, this 18th day of January,
2019.

JOHN J. O’SULLIVAN
CHIEF UNITED STATES MAGISTRATE JUDGE