Attorney's Fees / Costs

Posted April 27, 2012
Attorney Fees, Pleading, Waiver—        
Dickson v. Heaton,
2012 U.S. App. LEXIS 7477 (11th Cir. April 13, 2012)
Fourth DCA Determines That Failure To Plead Right To Attorney's Fees Under Contract Provision Did Not Result In Waiver Where All Parties Were Aware Of The Provision And Intent Of Parties To Enforce Provision, And Where Joint Pre-Trial Stipulation Listed Entitlement To Costs And Expenses As One Of The Issues

Posted March 22, 2012
Attorney's Fees, Sanctions, Mediation—        
Cox v. Great American Ins. Co.,
37 FLW D686a (Fla. 4th DCA, Mar. 21, 2012)
Fourth DCA Reverses Fee Sanction Under Rule 1.730(C) For Failure To Perform Under Mediation Agreement For Lack Of Specific Findings, But Affirms That Award Of Such Fees Can Include Fees For Time Spent Litigating The Amount Of The Fee

Posted March 1, 2012
Attorney's Fees—        
Waddington v. Baptist Medical Center of the Beaches, Inc.,
37 FLW D263c (Fla. Jan. 30, 2012)
First DCA Imposes 57.105 Attorney Fee Sanctions For Frivolous Appellate Brief, Requires Attorney To Pay 100% Of Fee Pursuant To 57.105(3)(c)

Posted February 10, 2012
Attorney's Fees, Choice Of Law, Proposals For Settlement—        
Southeast Floating Docks, Inc. v. Auto-Owners Ins. Co.,
37 FLW S63a (Fla. Feb. 2, 2012)
Florida Supreme Court Determines That Florida's Proposal For Settlement Does Not Apply Where The Parties Have Agreed To Be Bound By The Substantive Law Of Another Jurisdiction

Posted January 24, 2012
FIGA, Attorney's Fees, "Covered Claim" 627.428—        
Petty v. Fla. Ins. Guaranty Ass'n,
37 FLW S34a (Fla. Jan. 19, 2012)
Florida Supreme Court Determines That FIGA Is Not Obligated To Pay An Attorney Fee Award Under 627.428(1), If The Underlying Policy Does Not Expressly Provide Coverage For A Section 627.428(1) Award

Posted December 29, 2011
Insurance, Attorney Fees, Prevailing Party—        
Rodriguez v. Government Employees Ins. Co.,
36 FLW D2788a (Fla. 4th DCA, Dec. 21, 2011)
Fourth DCA Issues Second Tier Certiorari To Reverse Order Denying Attorney's Fees Insured Who Prevailed On Insurer's Counterclaim For Fraud

Posted November 3, 2011
Attorneys Fees, Prevailing Party, Landlord Tenant—        
Animal Wrappers and Doggie Wrappers, Inc. v. Courtyard Distribution Center, Inc.,
36 FLW D2398a (Fla. 4th DCA , Nov. 2, 2011)
Fourth DCA Reverses Trial Court's Denial Of Prevailing Party Attorney's Fees On Grounds That Neither Party Prevailed, Concluding That In Breach Of Contract Cases One Party Must Prevail And Party Who Recovered Much Of Its Damages And Completely Defeated Counterclaim Was Prevailing Party

Posted July 20, 2011
Attorney's Fees, Proposal For Settlement—        
Winter Park Imports, Inc. v. JM Family Enterprises,
36 FLW D1463b (Fla. 2nd DCA July 6, 2011)
Fifth DCA Holds That A Party Cannot Recover Fees Pursuant To An Offer Of Judgment Under 768.79, When The Offer Is Generally Applicable Or Directed To Both Monetary And Non-Monetary/Injunctive Claims

Posted June 29, 2011
Attorney Fees, Insurance—        
Guarantee Insurance Company v. Worker's Temporary Staffing Inc.,
36 Fla. L. Weekly D1092 (Fla. 5th DCA, May 20, 2011)
Fifth DCA Holds That Insurer's Voluntary Dismissal Without Prejudice Of Its Lawsuit Against Insured Was Not A Sufficient Basis To Support Trial Court's Award Of Fees And Costs To The Insured Under § 627.428, Fla. Stat., Because Dismissal Was Not A "Judgment Or Decree" Or The Functional Equivalent Thereof

Posted June 2, 2011
Attorney's Fees—        
Western & Southern Life Ins. Co. v. Beebe, 36 FLW D1082a (Fla. 3rd DCA May 18, 2011)
Third DCA Reverses Fee Judgment Awarding Hourly Rate In Excess Of Amount Specified In Contingent Fee Contract

Posted June 1, 2011
Attorney's Fees—        
Nudel v. Flagstar Bank, 36 FLW D1065a (May 18, 2011)
Fourth DCA Finds Entitlement To Fees Under Terms Of Contract Where Complaint Was Dismissed Without Prejudice

Posted May 20, 2011
Attorney Fees, Proposal For Settlement—        
Tierra Holdings, Ltd. V. Mercantile Bank,
36 FLW D1049b (Fla. 1st DCA May 18, 2011
First DCA Holds That A Proposal For Settlement Under Section 768.79, Florida Statutes, Does Not Cut Off A Prevailing Party's Claim For Contractual Attorney's Fees And Costs Incurred After The Date Of The Proposal So That Both Plaintiff Who Prevailed On Contract Claim And Defendant Were Entitled To Fees

Posted March 1, 2011
Attorney's Fees, Evidence & Trial, Conflicts of Law—        
Auto-Owners Ins. Co. v. Southeast Floating Docks, Inc.,
22 FLW Fed C1761 (11th Cir. (Fla.) Feb. 8, 2011)
Eleventh Circuit Court Of Appeals Certifies Multiple Questions Regarding Proposals For Settlement To Florida Supreme Court

Posted February 17, 2011
Attorney Fees, Proposal for Settlement—        
Arrowood Indemnity Co. Inc. v. Acosta,
36 FLW D355a (Fla. 1st DCA, Feb. 16, 2011)
First DCA Concludes That When Evaluating Whether Proposal For Settlement Was Made In Good Faith For Purposes Of Imposing Attorney's Fees, Trial Court Is Required To Consider Defendant's Explanation And Determine Whether, Despite Consideration Of Objective Factors, Defendant Had Subjectively Reasonable Belief On Which To Base Its Offer

Posted February 15, 2011
Attorney Fees, Frivolous Claims Or Defenses, Statutory Interpretation—
The Bionetics Corp. v. Kenniasty,
36 FLW S69a (Fla., Feb. 10, 2011)
Supreme Court Resolves Conflict Between First And Fifth DCA On Application Of Safe Harbor Provision Of 57.105 - Determines That Statute In Effect On Date When Frivolous Claims Were Filed Applies

Posted December 30, 2010
Attorney's Fees - Torts—        
Nodal v. Infinity Auto Insurance Company,
35 FLW D2869a (Fla. 2d DCA, December 17, 2010)
Second DCA Holds That A Claim For Upcoding And Unbundling Does Not Support A Claim For Civil Theft

Posted December 23, 2010
Attorney's Fees—        
Jessla Construction Corp. v. Miami-Dade County School Board,,
- So.3d - 2010 Fla. App. LEXIS 17676 (Fla. 3rd DCA, November 17, 2010)
Third DCA Upholds Award Of Attorney's Fees Pursuant To Offer Of Judgment Statute Holding That Defendant's Demand Letter To Plaintiff After Proposal For Settlement Was Sent To Plaintiff Did Not Invalidate The Proposal And That A General Release Including "Past, Present, And Future Affiliates" Of Plaintiff Did Not Invalidate Proposal

Posted September 29, 2010
Attorney's Fees - FIGA—        
FIGA v. Petty,
35 Fla. L. Weekly D2149a (Fla. 2nd DCA, Sept. 29, 2010)
Second DCA Certifies Conflict With Soto And Finds That 627.428 Fees Incurred Solely As A Result Of The Underlying Carrier's Actions Are Not 'Covered Claims' For Which FIGA Is Liable

Posted September 7, 2010
Attorney's Fees—Proposals For Settlement—        
Nationwide Mut. Fire Ins. Co. v. Pollinger,
35 FLW D1866d, 2010 WL 3239153 (Fla. 4th DCA, Aug. 18, 2010)
Fourth DCA Affirms The Trial Court's Ruling Finding A Proposal For Settlement Was Ambiguous And Could Not Support An Award Of Attorney's Fees Under The Offer Of Judgment Statute

Posted July 27, 2010
Attorney Fees—        
Jackson v. Anthony,
35 FLW D1655a (Fla. 1st DCA July 23, 2010)
First DCA Upholds Denial Of Attorney's Fees, Finding That Motion for Fees Was Untimely Because Post-Verdict Motions Did Not Toll Time for Filing Motion

Posted May 24, 2010
Attorney's Fees—        
Sourcetrack, LLC v. Ariba, Inc.,
35 FLW D1032 (Fla. 2nd DCA May 7, 2010)
Second DCA Reaffirms That Expert Testimony Required To Support Attorney
Fee Awards

Posted January 21, 2010
Costs - Taxes—        
The Landmark Winter Park, LLC v. Colman,
35 FLW D102 (Fla. 5th DCA Dec. 31, 2009)
Fifth DCA Denies Taxation Of Overhead Expenses To Opposing Party