net judgment rule (Florida) · Go Syfert
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net judgment rule in Florida

11 Florida opinions name it 2 courts 1993–2025 2 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Prosperi v. Code, Inc.green
fla · 1993 · cited in 9 Florida opinions naming this issue, 1995–2025
2 sentences

2020One year after deciding Moritz, the Florida Supreme Court held that in considering whether to apply the net judgment rule in cases involving enforcement of a mechanic’s lien, “the trial judge must have the discretion to consider the equities and determine which party has in fact prevailed on the significant issues.” Prosperi v. Code, Inc., 626 So. 2d 1360, 1363 (Fla. 1993).

2020Our supreme court noted that in some cases “the net judgment rule appears to have been applied mechanically without regard to the equities.” Id.

29
Sidlow v. Bowles Custom Pool & Spas, Inc.green
fladistctapp · 2010 · cited in 1 Florida opinions naming this issue, 2025–2025
1 sentence

2025Prosperi v. Code, Inc., 626 So. 2d 1360, 1363 (Fla. 1993); see also Sidlow v. Bowles Custom Pool & Spas, Inc., 32 So. 3d 722, 722 (Fla. 5th DCA 2010) (“The trial court has broad discretion to determine which party prevailed on the significant issues in litigation.”).

11
KENMARK CONST., INC. v. Croningreen
fladistctapp · 2000 · cited in 1 Florida opinions naming this issue, 2002–2002
1 sentence

2002Kenmark Construction, Inc. v. Cronin, 765 So.2d 129, 130, n. 1 (Fla. 2d DCA 2000). [3] Case No. 98-947-CA15. [4] Case No. 98-946-CA15.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Gale Industries, Inc. v. Trytek neutral
fladistctapp · 2007
2 sentences

2009Gale Indus., 960 So.2d at 809 . 2 .

2008Gale Indus., 960 So.2d at 809 . [2] The net final judgment entered in favor of the Tryteks was $57,728.39, representing $55,982.00 in attorneys' fees and $4,016.67 in costs totaling $59,998.67 offset by $2,270.28, which represented the principal amount awarded to Gale on its lien plus statutory interest. [3] At common law, each party was required to pay its own attorneys' fees in all actions and therefore we have generally adhered to the principle that statutes awarding attorneys' fees should be strictly construed.

22008–2009
Moritz v. Hoyt Enterprises, Inc. green
fla · 1992
2 sentences

1995Since courts of this state have applied the net judgment rule to determine which party may be deemed the prevailing party for purposes of assessing attorney's fees, see Prosperi v. Code, Inc., 626 So.2d 1360 (Fla. 1993), Moritz v. Hoyt Enterprises, Inc., 604 So.2d 807 (Fla. 1992), determination of entitlement and award of attorney's fees in this case properly awaits resolution of the remaining issue of damages on remand.

1993At the same time, we must consider whether the rule has been affected by our recent decision in Moritz v. Hoyt Enterprises, Inc., 604 So.2d 807 (Fla. 1992).

21993–1995
Rosso v. GOLDEN SURF TOWERS CONDO ASS'N neutral
fladistctapp · 1995
1 sentence

1997Rosso, 651 So.2d at 789 .

11997–1997

Statutes the citing opinions construe

FL § 713.29 (7)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

FL 11 (1993–2025) AZ 8 (1989–2025) UT 6 (2003–2025) CO 5 (1994–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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