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.

F.S. 57.104 on Google Scholar

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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: District Court of Appeal of Florida | Date Filed: 2024-07-31

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

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

Court: District Court of Appeal of Florida | Date Filed: 2022-06-01

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: District Court of Appeal of Florida | Date Filed: 2019-02-20

Citation: 270 So. 3d 371

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

Nelson v. Pharmerica

Court: District Court of Appeal of Florida | Date Filed: 2015-10-22

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

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: District Court of Appeal of Florida | Date Filed: 2014-11-11

Citation: 151 So. 3d 537, 2014 WL 5836805

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

Youngblood v. Youngblood

Court: District Court of Appeal of Florida | Date Filed: 2012-06-13

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

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

Bionetics Corp. v. Kenniasty

Court: Supreme Court of Florida | Date Filed: 2011-02-10

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

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: District Court of Appeal of Florida | Date Filed: 2010-06-25

Citation: 41 So. 3d 293, 2010 Fla. App. LEXIS 9202

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

Chavez v. State

Court: Supreme Court of Florida | Date Filed: 2009-06-25

Citation: 12 So. 3d 199, 34 Fla. L. Weekly Supp. 383, 2009 Fla. LEXIS 977, 2009 WL 1792963

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: District Court of Appeal of Florida | Date Filed: 2009-05-13

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

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

Madden v. Madden

Court: District Court of Appeal of Florida | Date Filed: 2003-12-24

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

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: District Court of Appeal of Florida | Date Filed: 2000-03-29

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

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

Munao, Munao, Munao v. Homeowners Ass'n

Court: District Court of Appeal of Florida | Date Filed: 1999-07-14

Citation: 740 So. 2d 73, 1999 WL 492632

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: District Court of Appeal of Florida | Date Filed: 1998-11-25

Citation: 721 So. 2d 409, 1998 WL 821730

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

Hamm v. Eckler

Court: District Court of Appeal of Florida | Date Filed: 1998-02-27

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

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: District Court of Appeal of Florida | Date Filed: 1997-10-17

Citation: 700 So. 2d 782, 1997 WL 641331

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: District Court of Appeal of Florida | Date Filed: 1997-05-14

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

Dayco Products v. McLane

Court: District Court of Appeal of Florida | Date Filed: 1997-03-14

Citation: 690 So. 2d 654, 1997 WL 111326

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

Whitlow v. SOUTH GEORGIA NATURAL GAS

Court: District Court of Appeal of Florida | Date Filed: 1995-01-31

Citation: 650 So. 2d 637, 1995 WL 33544

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

Barnby v. An Adoption

Court: District Court of Appeal of Florida | Date Filed: 1994-08-12

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

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