final until disposition of timely filed motion for rehearing.
Appeal from a non-final order from the Circuit Court for
Miami-Dade County, Michael A. Hanzman, Judge. Lower Tribunal
Cosgrove, LLC, and Scott B. Cosgrove and Ellen Ross Belfer;
McDermott Will & Emery LLP, and Marcos D. Jimenez, for
Sumberg Baena Price & Axelrod, LLP, and Michael N.
Kreitzer and James J. Ward, for appellees.
FERNANDEZ, LOGUE, and SCALES, JJ.
APPELLANT'S MOTION FOR REQUEST FOR ISSUANCE OF WRITTEN
OPINION, CERTIFICATION, AND CLARIFICATION
MVW Management, LLC, has filed a motion for a written
opinion, for certification, and for clarification. We deny
MVW's request for certification. We grant the motion for
clarification, withdraw the previously issued opinion, and
substitute the following opinion in its stead.
appeals a non final order denying its claim for advancement
of legal fees and costs from plaintiff Regalia Beach
Developers, LLC. For the reasons stated below, we affirm.
Beach Developers, LLC (Regalia), is a single purpose legal
entity that owns the Regalia Beach Condominium. Louis
Montello was elected and serves as manager of Regalia
pursuant to the company's operating agreement. Montello
is also the principal of MVW Management, LLC, a company that
Regalia hired to manage the Regalia Beach Condominium
pursuant to a management agreement between Regalia and MVW.
filed an action against Montello and MVW for mismanagement.
Although this case involves first-party litigation, in which
one party to a contract sues another party to the contract,
both Montello and MVW sought advancement of their litigation
expenses pursuant to the indemnity provisions of the
parties' operating and management agreements. The trial
court granted Montello advancement under the operating
agreement, but it denied MVW advancement under both the
operating and management agreements. MVW filed this
interlocutory appeal. We have jurisdiction. Fla. R. App. P.
MVW is not entitled to advancement under Regalia's
claims it is entitled to advancement of its litigation
expenses based on Regalia's operating agreement. We
conclude MVW is not entitled to advancement because MVW does
not qualify as ...