NISHAD KHAN PL AND NISHAD KHAN VS REGIONS BANK, NEKA LLC, AHMED HUSSEIN EL-HAWARY AND UNKNOWN

S IXTH D ISTRICT C OURT OF APPEAL
S TATE OF FLORIDA
_____________________________
Case Nos. 6D2023-3551, 6D2024-0708
CONSOLIDATED
Lower Tribunal Nos. 2020-CA-001869-O and 2021-CA-000401
_____________________________
N ISHAD K HAN PL and NISHAD KHAN,
Appellants,
v.
REGIONS BANK, NEKA, LLC, and AHMED HUSSEIN EL -HAWARY,
Appellees.
_____________________________
Appeals from the Circuit Court for Orange County.
Vincent S. Chiu, Judge.
November 14, 2025
MIZE, J.
Appellants, Nishad Khan PL and Nishad Khan (“Khan”), appeal the trial
court’s Amended Final Judgment entered in favor of Appellees NEKA, LLC
(“NEKA”) and Ahmed El-Hawary (“El-Hawary”), and the trial court’s Final
Judgment for Attorneys’ Fees and Costs in Favor of El-Hawary. The parties had a
complicated 	business 	relationship 	and, 	subsequently, 	a 	complicated 	business

2
dispute that culminated in a bench trial in the proceedings below. 	The details of
that dispute are not necessary to explain our disposition of this appeal.
We find no error in the Amended Final Judgment and, therefore, affirm it.
As to the Final Judgment for Attorneys’ Fees and Costs, the trial court entered an
award of attorneys’ fees in favor of El-Hawary and against Khan pursuant to a
provision in the operating agreement for NEKA, which stated that:
Indemnification. 	To 	the 	fullest 	extent 	permitted 	by 	law, 	each
Member shall indemnify the Company, each other Member and hold
them harmless from and against all losses, costs, liabilities, damages,
and 	expenses 	(including, 	without 	limitation, 	costs 	of 	suit 	and
attorney’s fees) they may incur on account of any breach by that
Member of this Agreement.
However, the proceedings below did not involve any claim for breach of the
operating agreement, nor did the trial court make any finding that any such breach
occurred. 	For these reasons, the trial court erred by granting an award of
attorneys’ fees under this provision. 	The Final Judgment for Attorneys’ Fees and
Costs in Favor of El-Hawary is reversed.
AFFIRMED in part; REVERSED in part.
NARDELLA and GANNAM, JJ., concur.
Nicholas A. Shannin and Carol B. Shannin, of Shannin Law Firm, P.A., Orlando,
for Appellants.
John M. Brennan, of GrayRobinson, P.A., Orlando, and Kristie L. Hatcher-Bolin,
of GrayRobinson, P.A., Lakeland, for Appellees, Neka, LLC and Ahmed Hussein
El-Hawary.

3
No Appearance for Appellee, Regions Bank.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING
AND DISPOSITION THEREOF IF TIMELY FILED