[CLC-Discussion] [CLC -Discussion] Attorneys Fees Under Fla. Stat. 713.29

[Robert Carlson]

Dear all, Parton the interruption and I hope everyone is doing well as essential lawyers.  I have run into what seems to be a ridiculous interpretation of the prevailing party attorney fee provision under Fla. Stat. 713.29.  As you know, the statute provides "the prevailing party is entitled to recover a reasonable fee for the services of his or her attorney for trial and appeal or for arbitration..."  The argument is that "for trial" means that you only are entitled to fees for the actual time in trial and not the pre-trial litigation costs of depositions, discovery, pre-trial motions etc.  The fee provision mirrors that fee provision in 255.05 and the fraudulent lien statute.  My office has researched this issue and cannot find any reported case where anyone has raised this argument.  Rather, there are countless cases where fees are awarded for summary judgment, motions to dismiss, and even mediation (where the party to did include a no liability provision).  While I think the argument is foolish, I cannot find any decision in the state of Florida where someone has raised it.

Has anyone of my distinguished colleagues encountered this?

Be safe.


Robert A. Carlson
Partner

Board Certified in Construction Law
[cid:image003.png at 01D6230A.7309DE40]
100 Biscayne Blvd., Suite 605
Miami, Florida 33132
T  305.377.2323     F  305.377.2320
www.Lee-Lawfirm.com<http://www.lee-lawfirm.com/>

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