Florida Statute 57.104 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 57
COURT COSTS

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F.S. 57.104

57.104 Computation of attorney fees.—

(1) In any action in which attorney fees are to be determined or awarded by the court, the court shall consider, among other things, time and labor of any legal assistants who contributed nonclerical, meaningful legal support to the matter involved and who are working under the supervision of an attorney. For purposes of this section, “legal assistant” means a person who, under the supervision and direction of a licensed attorney, engages in legal research, and case development or planning in relation to modifications or initial proceedings, services, processes, or applications; or who prepares or interprets legal documents or selects, compiles, and uses technical information from references such as digests, encyclopedias, or practice manuals and analyzes and follows procedural problems that involve independent decisions.

(2) In any action in which attorney fees are determined or awarded by the court, there is a strong presumption that a lodestar fee is sufficient and reasonable. This presumption may be overcome only in a rare and exceptional circumstance with evidence that competent counsel could not otherwise be retained.

History.—s. 1, ch. 87-260; s. 1, ch. 2023-15.

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Amendments to 57.104

Annotations, Discussions, Cases:

Cases Citing Statute 57.104

Total Results: 22

Bionetics Corp. v. Kenniasty

69 So. 3d 943, 36 Fla. L. Weekly Supp. 69, 2011 Fla. LEXIS 338, 2011 WL 446205

Supreme Court of Florida | Filed: Feb 10, 2011 | Docket: 2358618

Cited 23 times | Published

the prospective or retroactive application of section 57.104(4). Prospective or Retroactive Application

C & S CHEMICALS, INC. v. McDougald

754 So. 2d 795, 2000 Fla. App. LEXIS 3673, 2000 WL 313310

District Court of Appeal of Florida | Filed: Mar 29, 2000 | Docket: 1523549

Cited 11 times | Published

contingent upon the entitlement to attorney's fees. See § 57.104, Fla. Stat. (1995). Second, C & S argues that

Perez v. Circuit City Stores, Inc.

721 So. 2d 409, 1998 WL 821730

District Court of Appeal of Florida | Filed: Nov 25, 1998 | Docket: 1694693

Cited 11 times | Published

prevailing plaintiff *411 is entitled pursuant to Section 57.104, are part of the "judgment obtained" for Section

DOT v. Robbins and Robbins, Inc.

700 So. 2d 782, 1997 WL 641331

District Court of Appeal of Florida | Filed: Oct 17, 1997 | Docket: 1373145

Cited 9 times | Published

theory. While the trial court is required by section 57.104 to consider time expended by legal assistants

Loper v. Allstate Ins. Co.

616 So. 2d 1055, 1993 WL 96764

District Court of Appeal of Florida | Filed: Apr 5, 1993 | Docket: 1385433

Cited 9 times | Published

time the legal assistant expended on the case. Section 57.104, Florida Statutes (1989), states in pertinent

Demedrano v. Labor Finders of the Treasure Coast

8 So. 3d 498, 2009 Fla. App. LEXIS 5009, 2009 WL 1313223

District Court of Appeal of Florida | Filed: May 13, 2009 | Docket: 1654566

Cited 5 times | Published

reimbursable cost, begins with a review of section 57.104, Florida Statutes, enacted in 1987, which reads

Munao, Munao, Munao v. Homeowners Ass'n

740 So. 2d 73, 1999 WL 492632

District Court of Appeal of Florida | Filed: Jul 14, 1999 | Docket: 1456931

Cited 4 times | Published

Florida Rules of Professional Conduct 4-1.5, section 57.104, Florida Statutes (1995), and the relevant

Dayco Products v. McLane

690 So. 2d 654, 1997 WL 111326

District Court of Appeal of Florida | Filed: Mar 14, 1997 | Docket: 1524687

Cited 3 times | Published

in awarding eight hours of paralegal fees. Section 57.104, Florida Statutes (1991), provides that in

Estate of Paulk v. Lindamood

529 So. 2d 1150, 1988 WL 36068

District Court of Appeal of Florida | Filed: Apr 26, 1988 | Docket: 1523829

Cited 3 times | Published

decide what effect, if any, the enactment of Section 57.104, Florida Statutes (1987), may have on the continued

State Farm Mutual Automobile Insurance Co. v. Edge Family Chiropractic, P.A.

41 So. 3d 293, 2010 Fla. App. LEXIS 9202, 35 Fla. L. Weekly Fed. D 1438

District Court of Appeal of Florida | Filed: Jun 25, 2010 | Docket: 2401449

Cited 2 times | Published

paralegal fees. In response, Respondents cite section 57.104, Florida Statutes, which provides: In any action

Youngblood v. Youngblood

91 So. 3d 190, 2012 WL 2125940, 2012 Fla. App. LEXIS 9564

District Court of Appeal of Florida | Filed: Jun 13, 2012 | Docket: 60309834

Cited 1 times | Published

such had been excluded from the claim. Indeed, section 57.104, Florida Statutes (2010), provides that when

Whitlow v. SOUTH GEORGIA NATURAL GAS

650 So. 2d 637, 1995 WL 33544

District Court of Appeal of Florida | Filed: Jan 31, 1995 | Docket: 1346181

Cited 1 times | Published

counsel's legal assistants,[1] as required under section 57.104, Florida Statutes (1989). Loper v. Allstate

Martin v. Laidlaw Tree Service, Inc.

619 So. 2d 435, 1993 Fla. App. LEXIS 6070, 1993 WL 187995

District Court of Appeal of Florida | Filed: Jun 4, 1993 | Docket: 288478

Cited 1 times | Published

those fees and expenses are appropriate under section 57.104, Florida Statutes (1991), the Statewide Uniform

Boca View Condominium Association, Inc. v. Eleanor Lepselter and Edward Lepselter

District Court of Appeal of Florida | Filed: Jul 31, 2024 | Docket: 68999082

Published

motion for rehearing, the Association cited section 57.104(1), Florida Statutes (2023), as limiting the

MARTIN E. O'BOYLE v. TOWN OF GULF STREAM

District Court of Appeal of Florida | Filed: Jun 1, 2022 | Docket: 63352047

Published

are recoverable under section 57.104, Florida Statutes (2020). Section 57.104 provides that the court

Nelson v. Pharmerica

180 So. 3d 130, 2015 Fla. App. LEXIS 15699, 2015 WL 6388023

District Court of Appeal of Florida | Filed: Oct 22, 2015 | Docket: 60252328

Published

So.2d 654, 656 (Fla. 1st DCA 1997) (quoting section 57.104, Florida Statutes (1991)). The verified petition

PHILLIP S. LANE v. Workforce Business Services, Inc. etc., etal

151 So. 3d 537, 2014 WL 5836805

District Court of Appeal of Florida | Filed: Nov 11, 2014 | Docket: 2595564

Published

Demedrano, this Court held that section 57.104 — which provides that the time and labor of

Madden v. Madden

865 So. 2d 555, 2003 Fla. App. LEXIS 19552, 2003 WL 23008791

District Court of Appeal of Florida | Filed: Dec 24, 2003 | Docket: 64828037

Published

support to the matter involved” as required by section 57.104, Florida Statutes (2003), we reduce the award

Hamm v. Eckler

712 So. 2d 770, 1998 Fla. App. LEXIS 1873

District Court of Appeal of Florida | Filed: Feb 27, 1998 | Docket: 64781412

Published

awarded him attorney’s fees and costs pursuant to section 57.104, Florida Statutes. Hamm argues on appeal that

Brown v. Jupiter Hospital

695 So. 2d 406, 1997 Fla. App. LEXIS 5130, 1997 WL 243416

District Court of Appeal of Florida | Filed: May 14, 1997 | Docket: 64774203

Published

following year, however, the legislature enacted section 57.104, Florida Statutes (1987), which requires appraisement

Barnby v. An Adoption

640 So. 2d 1244, 1994 Fla. App. LEXIS 8002, 1994 WL 419609

District Court of Appeal of Florida | Filed: Aug 12, 1994 | Docket: 64750101

Published

legal assistant services was not authorized by section 57.104, Florida Statutes; however, we are unable to

Swortz v. Southern Rainbow Corp.

621 So. 2d 1093, 1993 Fla. App. LEXIS 8355, 1993 WL 302325

District Court of Appeal of Florida | Filed: Aug 10, 1993 | Docket: 64697925

Published

PER CURIAM. Affirmed. See § 57.104, Fla.Stat. (1991); Country Manors Ass’n, Inc. v. Master Antenna Sys