Court: No ‘Prevailing Party’ Entitled to Attorneys’ Fees in COVID Rent Case
What Happened: Who won the legal showdown between the Florida mall and the retail tenant that cited the force majeure clause of its lease as an excuse not to pay rent in May due to business losses resulting from government COVID-19 shutdown orders? At stake was more than pride. Under terms of the lease, whoever was the winner, or “prevailing party,” would be entitled to tens of thousands of dollars in attorneys’ fees and legal costs.
Ruling: The Florida federal court found that neither side was the prevailing party.