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Florida Prevailing Party

Carlton Fields

Florida Appeals Court Decisions Week of July 14 - 18, 2025

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U.S. Eleventh Circuit Court of Appeals - Walmart v. King - APA, ALJs, constitutional challenge - Gray v. Birchfield - employment, harassment, punitive damages, assault, battery - USA v. Rowe - prior panel precedent...more

Fuerst Ittleman David & Joseph

Florida Litigation Procedure Update: Third DCA Clarifies Key Aspects of § 57.105

In AT&T Mobility, LLC v. Rigney, 3D21-2261 (Fla. 3d DCA Sept. 6, 2023), Florida’s Third District Court of Appeal reviewed the denial of two motions for sanctions under section 57.105, Florida Statutes. In its ruling, the...more

Lowndes

Florida Senate Bill No. 540 Brings Changes to Comprehensive Plan Challenges and Cost Recovery for Developers

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On May 24, 2023, Governor DeSantis approved Florida Senate Bill No. 540. The bill, which will go into effect on July 1, 2023, provides that the prevailing party in a challenge to a comprehensive plan amendment is entitled to...more

Bilzin Sumberg

Florida State Courts Limit Parties’ Abilities to Recover Attorneys’ Fees

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In a pair of recent decisions, Florida state courts reined in multiple statutes that allow for the recovery of attorneys’ fees. In one decision, the Florida Supreme Court adopted a relatively narrow reading of Florida’s...more

Lowndes

Pay Attention to Prevailing Party Fee Provisions

Lowndes on

It is routine in Florida leases to consider any prevailing party fee provision as automatically reciprocal due to Section 57.105(7), Florida Statutes. That Statute provides for reciprocity of attorneys’ fees even where a...more

Shutts & Bowen LLP

No Need to Panic—Attorney Fee Provisions in Florida Are Safe

Shutts & Bowen LLP on

Earlier this month in Levy v. Levy, No. SC20-1195, 2021 WL 4614308 (Fla. Oct. 7, 2021), the Supreme Court of Florida issued a ruling that section 57.105(7) of the Florida Statutes did not apply to the attorney’s fee provision...more

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