A Florida real estate brokerage can’t win attorneys’ fees after a settlement with a photographer because it’s not legally the “prevailing party,” the Eleventh Circuit said Tuesday.
The district court, defendant Property Matters USA LLC, and plaintiff Affordable Aerial Photography Inc. all misinterpreted the law by wading into whether AAP’s claim was time-barred, according to the opinion in the US Court of Appeals for the Eleventh Circuit. The lower court found AAP timely sued within three years of discovering the alleged infringement, but the appeals court said AAP didn’t owe fees regardless because the case was voluntarily dismissed.
A defendant ...
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