Caterpillar filed a complaint for damages and replevin against three defendants. After service on the defendants, they failed to answer, and Caterpillar secured a clerk’s default against them all. Two of the defendants attempted to set aside the default and Caterpillar filed its motion for final judgment based upon the clerk’s default. The summary judgment… Read more
In a case seeking monetary and non-monetary relief, pursuant to section 768.79, Florida Statutes (2011), Diamond Aircraft served Horowitch with an offer of judgment for $40,000. The offer of judgment stated: Diamond Aircraft offers to settle this case on the following terms: 1. Diamond Aircraft shall pay Plaintiff the sum of forty thousand dollars ($40,000.00).… Read more
In this foreclosure case, the trial court dismissed the lender’s case for failure to comply with a court order. The borrower, Raza, moved for prevailing party attorneys’ fees under a flat-fee agreement. The trial court denied the motion because the expert affidavit failed to state a reasonable number of hours incurred in the case. The… Read more
Following a suit for breach of contract, the prevailing party moved to recover attorneys’ fees pursuant to the terms of the contract, which provided: (c) In any action to enforce any term, condition, or provision of this agreement, the prevailing party shall be entitled to recover the reasonable attorney’s fee incurred to enforce same. The trial court denied… Read more
The Plaintiff in this lawsuit lost his claims for cancellation of a deed, ejectment, and equitable lien. The Court entered judgment and included language in the judgment that reserved ruling on attorneys’ fees. The Plaintiff appealed as the Defendant neither party pled a fee claim. The Second DCA found that neither party could recover their fees… Read more
At issue in this appeal before the Fourth DCA was the trial court’s award of sanctions, pursuant to Florida Rule of Civil Procedure 1.730(c), for a parties violation of a mediation agreement. The Fourth DCA determined that the imposition of sanctions per Rule 1.730(c) required specific factual findings as to the breach or failure to… Read more
After the appeals court issued an opinion partially reversing an $8 million final judgement, the trial court was required to hold a new hearing on attorneys’ fees. The trial court had entered a fee award while the appeal was pending. After the appeals court partially reversed the underlying judgment, the trial court, without hearing, simply entered an… Read more
In this attorneys’ fees case, Ramle Int’l prevailed at trial and was awarded attorneys’ fees as part of the judgment. The trial court reserved jurisdiction as to the amount of fees and Ramle waited eleven months to file its motion to determine the amount of attorneys’ fees owed. After Ramle moved for a determination of fees, The… Read more
In this declaratory judgment contract action, the defendant did not initially plead entitlement to attorneys’ fees in its answer, but was permitted leave to amend later in the case to add the request. The plaintiff appealed, and the appellate court affirmed, holding that “the trial court did not abuse its discretion by granting . .… Read more
In this homeowner association dispute, the association obtained a stay from arbitration and petitioned the circuit court for a temporary injunction seeking access to a unit to make repairs. The court denied the petition because the association had not established an “emergency” basis for relief. The unit owner filed a motion for attorneys’ fees claiming that… Read more