The U.S. Court of Appeals for the Eleventh Circuit certified a question for the Florida Supreme Court as to whether, under the law in the Sunshine State, a prevailing-party attorney fees provision can be interpreted as a real covenant that runs with the land and binds non-signatories.
Faudlin Pierre, a partner at Pierre Simon in Fort Lauderdale, represents the plaintiff-appellant, RJ’s International Trading LLC, in a property and contract dispute with the defendant-appellee, Crown Castle South LLC. Pierre said that litigating a case can be expensive for homeowners and developers, unlike some corporations for which the same amount would be “a drop in the bucket.”
