SETTLEMENT: MOTION TO ENFORCE SETTLEMENT AGREEMENT: ATTORNEY’S FEES: PREVAILING PARTY: USUALLY, THERE IS ONLY ONE PREVAILING PARTY IN A CONTRACT CASE

Newton v. Tenney, ___ So. 3d ___, 38 Fla. L. Weekly D1637 (Fla. 4th DCA July 31, 2013)

The plaintiff entered into a settlement agreement with multiple defendants that provided for installment payments to the plaintiff.  When the defendants defaulted on the first payment, the plaintiff filed a motion to enforce settlement.  Only one of the defendants contested the … Click To Read Full Case Law Review...

ARBITRATION: CONSTRUCTION DISPUTE: PREVAILING PARTY: IN ABSENCE OF A LEGALLY SUFFICIENT MOTION TO MODIFY OR CORRECT AN ARBITRATION AWARD, THE TRIAL COURT WAS REQUIRED TO CONFIRM THE AWARD

Wells v. Castro, ___ So. 3d ___, 38 Fla. L. Weekly D1509 (Fla. 3d DCA July 13, 2013)

The parties to a construction dispute agreed to have the arbitrator determine the prevailing party but, when the arbitrator determined that nobody prevailed, the defendants moved to modify or correct the award to determine that the individual defendant was the prevailing party.  Click To Read Full Case Law Review...

APPEALS: COSTS: PREVAILING PARTY

Johnson v. Jarvis, ___ So. 3d ___, 37 Fla. L. Weekly D2107 (Fla. 1st DCA August 31, 2012)

For the purpose of appellate costs, the prevailing party is the one who prevailed on appeal “and not necessarily the party who ultimately prevail[s] after the completion of all of the litigation.”  Although “the assessment of attorney’s fees may be deferred … Click To Read Full Case Law Review...

APPEALS: ATTORNEY’S FEES: PREVAILING PARTY: SECTION 59.46, FLORIDA STATUTES: ACTION AGAINST GUARANTOR: COSTS

Pardo v. Goldberg,  ___ So. 3d ___, 37 Fla. L. Weekly D1676 (Fla. 3d DCA July 18, 2012)

Section 59.46, Florida Statues, provides that an award of attorney’s fees under a statute or contract should include appellate fees. In this case, the prevailing party in an action on a personal guaranty was not entitled to fees under Section 59.46 because … Click To Read Full Case Law Review...

REAL ESTATE: COMMERICAL LEASE: FIRE: ABANDOMENT OF LEASEHOLD: RETURN OF DEPOSIT: ACCELERATION OF RENT: ATTORNEY’S FEES: PREVAILING PARTY: SIGNFICANT ISSUES TEST

Animal Wrappers and Doggie Wrappers, Inc. v. Courtyard Distribution Center, Inc., ___ So. 3d ___, 36 Fla. L. Weekly D2398 (Fla. 4th DCA November 2, 2011)

A commercial tenant, who abandoned the leased premises after a fire, sued for the return of its deposit.  The landlord counterclaimed for acceleration of rent based upon wrongful abandonment of the premises. After … Click To Read Full Case Law Review...