Florida Statute 57.115 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 57
COURT COSTS

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F.S. 57.115

57.115 Execution on judgments; attorney’s fees and costs.—

(1) The court may award against a judgment debtor reasonable costs and attorney’s fees incurred thereafter by a judgment creditor in connection with execution on a judgment.

(2) In determining the amount of costs, including attorney’s fees, if any, to be awarded under this section, the court shall consider:

(a) Whether the judgment debtor had attempted to avoid or evade the payment of the judgment; and

(b) Other factors as may be appropriate in determining the value of the services provided or the necessity for incurring costs in connection with the execution.

History.—s. 13, ch. 87-145.

F.S. 57.115 on Google Scholar

F.S. 57.115 on Casetext

Amendments to 57.115

Arrestable Offenses / Crimes under Fla. Stat. 57.115

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 57.115.

Annotations, Discussions, Cases:

Cases Citing Statute 57.115

Total Results: 17

Marshall Cassedy, Jr. v. Monique Wood, Nikki Clark and Darcy Cavell

Court: Fla. Dist. Ct. App. | Date Filed: 2019-02-10T23:53:00-08:00

Snippet: s fees under both contract language and section 57.115, Florida Statutes). Stated another way, an award

RICHARD B. WEBBER, II v. THOMAS B. D'AGOSTINO

Court: Fla. Dist. Ct. App. | Date Filed: 2018-07-05T00:53:00-07:00

Snippet: grounds for recovery: (1) the note; (2) section 57.115, Florida Statutes; and (3) section 56.29, Florida…trustee attacks the trial court’s reliance on section 57.115 because the borrower satisfied the note by payment…judgment. We agree with the lender. Section 57.115(1) provides: “The court may award against a judgment…attempted to avoid or evade paying the judgment. See § 57.115(2)(a), Fla. Stat. (“In determining the amount of… fees and costs based upon the note and section 57.115(1), Florida Statutes. Affirmed. DAMOORGIAN

Martinez v. golisting.com

Court: Fla. Dist. Ct. App. | Date Filed: 2017-11-21T23:53:00-08:00

Snippet: and seeking attorney’s fees pursuant to section 57.115, Florida Statutes (2016). The Garnishee filed

Suntrust Bank v. Arrow Energy, Inc., Aviation Fuel International, Inc. and Sean Wagner

Court: Fla. Dist. Ct. App. | Date Filed: 2016-07-06T00:00:00-07:00

Citation: 199 So. 3d 1026, 2016 Fla. App. LEXIS 10404

Snippet: garnishment proceeding, which were awarded under section 57.115, Florida Statutes (1993), authorizing an award … attorney’s fees could be awarded under section 57.115. Id. Moreover, section 77.28, Florida

Suntrust Bank v. Arrow Energy, Inc., Aviation Fuel International, Inc., and Sean Wagner

Court: Fla. Dist. Ct. App. | Date Filed: 2016-05-18T00:53:00-07:00

Bolton v. SE Property Holdings, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2013-11-26T00:00:00-08:00

Citation: 127 So. 3d 746, 2013 WL 6171280, 2013 Fla. App. LEXIS 18796

Snippet: $20,793 in attorney’s fees pursuant to section 57.115, Florida Statutes. When the bank resumed seeking

Universal Checks & Forms, Inc. v. Pencor, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2013-10-11T00:00:00-07:00

Citation: 123 So. 3d 121, 2013 WL 5575465, 2013 Fla. App. LEXIS 16192

Snippet: peculiarities of the law of each jurisdiction. Id. at 656-57, 115 S.Ct. 1671 (quoting Ingersoll-Rand Co. v. McClendon

Okaloosa New Opportunity, LLC v. LD Projects, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2013-03-28T00:00:00-07:00

Citation: 109 So. 3d 1209, 2013 WL 1234193, 2013 Fla. App. LEXIS 5141

Snippet: pursuant to § 56.29(11), Florida Statutes and § 57.115(1), Florida Statutes. WHEREFORE, OKALOOSA respectfully…proceedings under § 56.29(11), Florida Statutes and § 57.115(1), Florida Statutes. ' A supporting affidavit

Vick v. Vick

Court: Fla. Dist. Ct. App. | Date Filed: 2008-10-31T00:53:00-07:00

Citation: 993 So. 2d 1135

Snippet: the judgment is fully satisfied. Id. at 1151; § 57.115, Fla. Stat. (2007); § 57.041, Fla. Stat. (2007)

Federal Auto Insurance, Inc. v. Business Acquisitions Brokerage, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2003-02-04T23:53:00-08:00

Citation: 839 So. 2d 767

Snippet: established a statutory basis for fees. Section 57.115 states that: "[t]he court may award against…connection with execution on a judgment." § 57.115(1), Fla. Stat. (2000). We conclude that Broker

Paz v. Hernandez

Court: Fla. Dist. Ct. App. | Date Filed: 1995-05-10T00:00:00-07:00

Citation: 654 So. 2d 1243, 1995 Fla. App. LEXIS 5045, 1995 WL 294421

Snippet: to attorneys’ fees pursuant to section 57.115. Section 57.115(1) provides for an award of reasonable …attorneys’ fees pursuant to sections 57.105 and 57.115, Florida Statutes (1993). After two hearings, the…but awarded attorneys’ fees pursuant to section 57.115. The trial court found a reasonable fee to be $2,625.00…he is entitled to attorneys’ fees under section 57.115. It is well-settled law that attorneys’ fees may

BAY FINANCIAL SAV. BANK. FSB v. Hook

Court: Fla. Dist. Ct. App. | Date Filed: 1995-01-06T00:00:00-08:00

Citation: 648 So. 2d 305, 1995 WL 3209

Snippet: x27;s fees in accordance with sections 57.105 and 57.115, Florida Statutes (1993).[1] The trial court denied

Ocean Cruise Lines, Inc. v. Greenage Associations, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1994-10-19T00:00:00-07:00

Citation: 643 So. 2d 711, 1994 Fla. App. LEXIS 9978, 1994 WL 568154

Snippet: award of attorney’s fees to appellees. Section 57.115(1), Florida Statutes (1991) permits the award of

Tower Cranes of America, Inc. v. Monte Campbell Crane Co.

Court: Fla. Dist. Ct. App. | Date Filed: 1993-12-29T00:00:00-08:00

Citation: 627 So. 2d 1350, 1993 Fla. App. LEXIS 13216, 1993 WL 538212

Snippet: affirm the denial of attorney’s fees under section 57.115, Florida Statutes (1991). That section allows the

Florida Pottery Stores of Panama City, Inc. v. American Nat. Bank

Court: Fla. Dist. Ct. App. | Date Filed: 1991-04-23T00:53:00-07:00

Citation: 578 So. 2d 801

Snippet: entitlement to attorney's fees arguing that section 57.115, Florida Statutes (1987), which section provides…liability. ANB responded by arguing that section 57.115 was applicable, and by pointing out that the guaranty… state whether the award was based upon section 57.115 or upon the terms of the note. On August 15, 1989…provisions in the note and was not pursuant to section 57.115. In addition, appellants concede that only the

Department of Revenue v. General American Transportation Corp.

Court: Fla. | Date Filed: 1988-02-18T00:00:00-08:00

Citation: 521 So. 2d 112, 13 Fla. L. Weekly 115, 1988 Fla. LEXIS 281

Snippet: the Supreme Court (Ky. R.R. Tax Cases, 6 S.Ct. 57, 115 U.S. 321, 29 L.Ed. 414 [1885]), and, although it

Anderson v. Marston

Court: Fla. Dist. Ct. App. | Date Filed: 1957-10-08T00:00:00-08:00

Citation: 97 So. 2d 198

Snippet: and LOPEZ, Associate Judge, concur. No. 57-115 District Court of Appeal of Florida fladistctapp