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CITY OF HOLLYWOOD, FLORIDAa Municipal CorporationOrganized & Existing under theLaws of the State of Florida

Plaintiff,vs.Steven Kohn

Defendant.I

IN THE CIRCUIT COURT OF THEITTH JUDICIAL CIRCUIT IN AND FORBROWARD COI.'NTY, FLORIDA

CASE NO.: Lt-0t6210 (18)

HON. MICHELE TOWBTN STNGER

ORDER ON DEFENDAI\T'S MOTION TO DISMISS AI\ID FOR COSTS AI\ID FEESTHIS CAUSE came before the cotrt on Defendant Steven Kohn's Motion to Dismiss

pursuant to Rule 1.060(c), Florida Rules of Civil Procedure and for Costs and Fees pursuant tosection 162.10, Florida Statutes. The court having considered same, being duly advised inpremises and law, dispenses with oral argument and finds and decides as follows:

The City of Hollyvood (*Plaintiff') filed its Complaint against Steve,n Kohn seeking tocollect the Order of Imposition of Fine and Claim of Lien cntered by a Special Master of the Cityof Hollynvood, finding Steven Kohn in violation of section 92.02(A) of the City of HollyroodCode of Ondinances. On Nove,mber 14, 2011, this Court e,ntered an order granting withoutprejudice, Defendant's Motion to Compel Plaintiff to Amend Complaint to an amount notexceeding the marimum fine allowable by the ordinance. The Order allowed Plaintiff twenty(20) days to show this Court authority under which Defendant can be fined more than $100 total.Plaintiff failed to file any authority with the court within twenty days, but filed a Motion forRehearing on the Nove,lnber l4,20ll Order. On Decemb ff 6,2011, this Court entered its Order

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CASE No.: l1-016210 (18)buyers then brought suit against appellee. Id. at 1183. [n response, appellee filed a motion todismiss based on a provision in the contract mandating the arbitration of disputes before theCosta Rican-American Chamber of Commrce in Costa Rica. Id. at 1184. The trial courtentered an order compelling the arbitration and abated the action. Id. The appellants elected notto arbitrate their claims because of the expense associated with the retention of counsel in CostaRica. Id. The appellee moved to dismiss the suit for failtre to comply with the court ordersrequiring arbitration and moved for prevailing party attorney's fees. Id. The trial courtfismisscd fre action d aurrded ftes, hotding fttr fiEndless of ufrether or not the buyers etterinstituted arbitration proceedings in Costa Rica or othenvise decided not to pursue their claims,the seller prevailed in the action when the case was dismissed. Id. at I 184-5 (applyrng reasoningof Alhambra Homeowners Ass'n v. Asad,943 So. 2d 316 (Fla. 4th DCA 2006)). Since this Cotrtfound the amount in controversy must be limited to $ 100, jurisdiction was no longer within thisCourt. For whatever reason, Plaintiff has failed to pursue its claim in county court. Regardlessof whether Plaintiff prevails in county court, Defendant prevailed on this action upon dismissal.Accordingly, costs and fees are appropriate for Defendant as a prevailing pafiy.

This Court acknowledges that the authority provided within Plaintiffs Motion forRehearing was heard before the Fourth District Court of Appeal of Florida, which dismissed theissus on its merits.3 Aeordingly, Plaintiffs Motion for Rehearing is moot. Neverttreless, thisCourt finds that a Motion for Rehearing is an improper motion on a non-final order. See Wagnerv. Bieley, Wagner & Assocs., fnc.,263 So. 2d l, 3 (Fla. lgTZ).

It is hereby ORDERED AND ADJUDGED that Plaintiffs Complaint is DISMISSEDWITIIOUT PREJUDICE.3 Case No.: 4Dl2-12. The Fourth District Court of Appeal of Florida issued its order on February 16,21l1stating:ORDERED that the petition for writ of certiorari filed January 5, 2012, is hereby denied oo thr merits withoutprejudice to raising on final appeal.

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CASE NO.: I l-016210 (18)

It is funher ORDERED that Plaintiffs Motion for Costs and Fees Pursuant to section162.10, Florida Statutes is GRANTED. This Court resrves jurisdiction to detrrnine theamount of Defendant's Fees and Costs.

2012. DONE AND ORDERED in Chambers, Fort Lauderdale, Florida this day of AprilIIIICHTI.E TOII/BIN SII{GERHON. MICHELE TOWBCIRCUIT COURT

Copiesfuuighod to:Steve Kohn, 3841 N. 5l$ Avenue, Hollpvood, Florida330}lStacey S. Fisher, Esq., 277 5 Sunny Isles Blvd., Suite 100, Miami, Florida 33 160-4007

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