Florida Record

Monday, September 16, 2019

No more attorney fees, appeals court rules

Lawsuits

By Danielle Pacey | Oct 13, 2018


Atlantic Civil Inc. originally filed suit against Edwin O. Swift III and Key Haven Estates LLC.

MIAMI –– A construction company will not receive any more attorney fees in a conversion lawsuit.

On Oct. 3, the Third District Court of Appeals found Edwin O. Swift III and Key Haven Estates LLC do not owe more attorney fees to Atlantic Civil Inc.

Atlantic Civil Inc. originally filed suit against Edwin O. Swift III and Key Haven Estates LLC over a dispute in which Atlantic Civil was supposed to excavate fill material along a highway. Atlantic Civil alleged a count for conversion and unjust enrichment.

Swift is the managing member of Key Haven.

In February 2010, Atlantic Civil proposed a settlement that was never accepted by the defendants. Eventually, the court ruled in favor of Atlantic Civil. Atlantic Civil appealed, because they wanted more attorney fees.

The Third District Court of Appeal agreed with a lower court's decision deeming the amount in damages issued to Atlantic Civil Inc. will stand.

The appeals court found that the defendants in the suithad the ability to analyze and agree to Atlantic Civil's offer to settle the claims before trial. Both the defendants had to agree to the settlement, the court said, but they did not. The appeals court ruled no more attorney fees would be awarded, based on previous case law.  

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