Florida Statute 57.104 | Lawyer Caselaw & Research

The 2024 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

Arrestable Offenses / Crimes under Fla. Stat. 57.104

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 57.104.

Annotations, Discussions, Cases:

Cases Citing Statute 57.104

Total Results: 20

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

Court: Fla. Dist. Ct. App. | Date Filed: 2024-07-31T00:00:00-07:00

Snippet: motion for rehearing, the Association cited section 57.104(1), Florida Statutes (2023), as limiting the legal…working under the supervision of an attorney. § 57.104(1), Fla. Stat. (2023). The court denied the motion…not be recovered as paralegal time under section 57.104(1): In this case, our review of the attorneys…spent on activities not consistent with section 57.104(1). (b) Expert Fee Appellees retained

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

Court: Fla. Dist. Ct. App. | Date Filed: 2022-06-01T00:53:00-07:00

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

CRICKET KATHLEEN TOOLE v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-02-19T23:53:00-08:00

Snippet: 973, 978 (7th Cir. 1997). 144 See supra notes 57, 104, 130, 139.

Nelson v. Pharmerica

Court: Fla. Dist. Ct. App. | Date Filed: 2015-10-22T00:00:00-07:00

Citation: 180 So. 3d 130

Snippet: .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

Court: Fla. Dist. Ct. App. | Date Filed: 2014-11-11T00:00:00-08:00

Citation: 151 So. 3d 537

Snippet: Demedrano, this Court held that section 57.104 — which provides that the time and labor of legal… and Dayco concern only section 57.104 and the means by which an attorney’s fee award

Youngblood v. Youngblood

Court: Fla. Dist. Ct. App. | Date Filed: 2012-06-13T00:00:00-07:00

Citation: 91 So. 3d 190

Snippet: had been excluded from the claim. Indeed, section 57.104, Florida Statutes (2010), provides that when awarding…Madden, 865 So.2d 555 (Fla. 3d DCA 2003) (applying § 57.104 in a dissolution case and disallowing fees for

Bionetics Corp. v. Kenniasty

Court: Fla. | Date Filed: 2011-02-10T00:00:00-08:00

Citation: 69 So. 3d 943

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

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

Court: Fla. Dist. Ct. App. | Date Filed: 2010-06-25T00:00:00-07:00

Citation: 41 So. 3d 293

Snippet: paralegal fees. In response, Respondents cite section 57.104, Florida Statutes, which provides: In any action…insurers and other responsible parties. Section 57.104 was enacted in 1987 in response to this court&#…rate. Judge Joanos' observations and section 57.104 are consistent with the prevailing view that an…multiplier to paralegal fees, the cases (and section 57.104) clearly establish the principle that the paralegal…1300 (S.D.Fla.1986)pre-dated Jenkins and section 57.104, and the other caseZunde v. Int'l Paper Co

Chavez v. State

Court: Fla. | Date Filed: 2009-06-25T00:00:00-07:00

Citation: 12 So. 3d 199

Snippet: guarantee is violated. Cronic, 466 U.S. at 656-57, 104 S.Ct. 2039 (footnotes omitted). Generally, a defendant

Demedrano v. Labor Finders of the Treasure Coast

Court: Fla. Dist. Ct. App. | Date Filed: 2009-05-13T00:00:00-07:00

Citation: 8 So. 3d 498

Snippet: sections 440.34 and 57.104, Florida Statutes. Here, the JCC reviewed sections 57.104 and 440.34(1), Florida…reimbursable cost, begins with a review of section 57.104, Florida Statutes, enacted in 1987, which reads…656 (Fla. 1st DCA 1997). Application of section 57.104, Florida Statutes, is mandatory when attorney fees…quot;disregarded the mandatory language in section 57.104" when it failed to consider the paralegal&… 690 So.2d at 655, with its reliance on section 57.104, Florida Statutes, in a dispute involving a carrier

Madden v. Madden

Court: Fla. Dist. Ct. App. | Date Filed: 2003-12-24T00:00:00-08:00

Citation: 865 So. 2d 555

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

C & S CHEMICALS, INC. v. McDougald

Court: Fla. Dist. Ct. App. | Date Filed: 2000-03-28T23:53:00-08:00

Citation: 754 So. 2d 795

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

Munao, Munao, Munao v. Homeowners Ass'n

Court: Fla. Dist. Ct. App. | Date Filed: 1999-07-14T00:53:00-07:00

Citation: 740 So. 2d 73

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

Perez v. Circuit City Stores, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1998-11-24T23:53:00-08:00

Citation: 721 So. 2d 409

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

Hamm v. Eckler

Court: Fla. Dist. Ct. App. | Date Filed: 1998-02-27T00:00:00-08:00

Citation: 712 So. 2d 770

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

DOT v. Robbins and Robbins, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1997-10-17T00:53:00-07:00

Citation: 700 So. 2d 782

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

Brown v. Jupiter Hospital

Court: Fla. Dist. Ct. App. | Date Filed: 1997-05-14T00:00:00-07:00

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

Snippet: year, however, the legislature enacted section 57.104, Florida Statutes (1987), which requires appraisement…awarding attorney’s fees. By its adoption of section 57.104, it appears to me that the legislature has modified…failed to enter a judgment, as required by section 57.104, reflecting estimation of legal assistant’s time

Dayco Products v. McLane

Court: Fla. Dist. Ct. App. | Date Filed: 1997-03-13T23:53:00-08:00

Citation: 690 So. 2d 654

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

Whitlow v. SOUTH GEORGIA NATURAL GAS

Court: Fla. Dist. Ct. App. | Date Filed: 1995-01-30T23:53:00-08:00

Citation: 650 So. 2d 637

Snippet: legal assistants,[1] as required under section 57.104, Florida Statutes (1989). Loper v. Allstate Ins

Barnby v. An Adoption

Court: Fla. Dist. Ct. App. | Date Filed: 1994-08-12T00:00:00-07:00

Citation: 640 So. 2d 1244

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