M.A. HAJIANPOUR, M.D., P.A., a Florida professional association; Zoya Physical Therapy and Rehabilitation Center, Inc.; and M.A. Hajianpour, M.D., Appellants,
v.
KHOSROW MALEKI, P.A., a Florida professional association; and Khosrow Maleki, M.D., individually, Appellees.
District Court of Appeal of Florida, Fourth District.
*1289 John R. Kelso of Levey, Filler, Rodriguez, Kelso & De Bianchi, LLP, Miami, for appellants.
Peter H. Levitt of Shutts & Bowen, LLP, Miami, for appellees.
DAMOORGIAN, J.
Hajianpour appeals from an order declining to grant him prevailing party attorney's fees. The trial court held that Hajianpour was not the prevailing party on the significant issues in litigation. We agree with the trial court and affirm.
By way of background, Maleki entered into a two-year employment agreement with Hajianpour to work as an orthopedic surgeon in his practice on September 1, 1990. The agreement allowed for termination without cause with sixty days notice, and called for prevailing party attorney's fees. Hajianpour gave notice that the contract would terminate in 1992 and filed an action for declaratory judgment to prevent Maleki from exercising a stock option. Maleki counterclaimed for anticipatory breach of contract, fraud in the inducement, declaratory judgment, and breach of contract. The trial court entered summary judgment for Hajianpour. On appeal, this Court reversed and ordered that summary judgment be entered in favor of Maleki. Khosrow Maleki, P.A. v. M.A. Hajianpour, M.D., P.A.,
Maleki thereafter sought damages for breach of contract. A jury awarded Maleki over four million dollars in damages. This Court reversed on appeal finding that Maleki's damage calculations were purely speculative and ordered that judgment be granted in favor of Hajianpour. M.A. Hajianpour, M.D., P.A. v. Khosrow Maleki, P.A.,
Hajianpour then moved for prevailing party attorney's fees. He asserted that he was the prevailing party because Maleki II found that he had owed no financial obligation to Maleki. The trial court denied the motion, holding that Hajianpour was not the prevailing party because he had lost the significant issues in litigation in Maleki I. Hajianpour appeals this order.
The standard of review for prevailing party attorney's fees is abuse of discretion. Turovets v. Khromov,
Maleki prevailed on the significant issues in litigation by defeating Hajianpour's complaint and succeeding on his own counterclaims (Maleki I) despite never collecting damages (Maleki II). See Scutti v. Daniel E. Adache & Assos. Architects, P.A.,
Affirmed.
KLEIN and HAZOURI, JJ., concur.
