(https://www.flsenate.gov/Session/Bill/2019/122/BillText/Filed/PDF) Senate Bill 122 would continue to allow policyholders and beneficiaries to recover attorney fees
under Florida's one-way attorney fee
statute but would have prohibited assignees from obtaining attorney fees
He considered an affidavit from Saunders' husband, saying that he and his husband agreed that any retroactive home health care costs they helped recover would be subject to attorney fees
, a fact that wasn't submitted to the commission.
The Hussains petitioned the court for $118,264.84 in prevailing party attorney fees
Because many statutory remedies available to contractors (or designers) typically allow them to recover their attorney fees
prompt payment statutes for one it is usually in the owner's interest to include a variation of either a "prevailing party" provision or a "no attorney fees
We conclude that the circuit court properly dismissed Daniel from the case and properly awarded attorney fees
The same rule would apply to attorney fees
arising from settlement payments.
"In light of the above, I find that the award of attorney fees
may be said to have been made in manifest disregard of the law," he concluded in vacating the award.
Riley said that since Simmons didn't recover 80 percent of that amount, it wasn't entitled to the damages or attorney fees
Indeed, the Florida Supreme Court noted that in "certain causes of action, attorney fees
historically have been considered part of litigation costs and the award of these costs is intended not only to discourage meritless claims, but also to make the prevailing plaintiff or defendant whole." (10) The wrongful act doctrine is designed to fulfill this equitable objective.
The firms sought fees for work done in the case from 2000 to 2012; pre-2000 attorney fees
were the subject of a separate order.
According to the Court of Appeals of Texas, where an appraisal review board issues separate orders for separate properties in a single appeal, attorney fees
may be ordered for each separate property.
(80) The district court awarded Hardt's attorney fees
and Reliance appealed.