Ashear v. Sklarey, Case No. 3D16-888, 2018 Fla. App. LEXIS 3218 (Fla. 3d DCA 2018).
The prevailing party fees and costs provision of the current 2017 version of section 197.602 of Florida Statutes is applicable only to claims that arose under the current version.
The Court found that a tax sale purchaser who prevailed on a reimbursement claim on appeal from a judgment that set aside the tax sale could not recover appellate attorney’s fees and costs on a Fla. R. App. P. 9.400 motion because § 197.602, Fla. Stat. (2010), which was the version of the reimbursement statute in force at the time the tax sale certificate issued, provided no entitlement to attorney’s fees to the prevailing party in an action challenging the validity of a tax deed. The Court further found that the tax sale purchaser was not the prevailing party on appeal because he failed to prevail in challenging the trial court’s judgment vacating the tax deed, while prevailing only with regard to his argument that he was entitled to reimbursement for the purchase price of the property along with interest, and thus he could not be considered the prevailing party on the significant issues.