Florida Statutes

Fla. Stat. § 57.115 (2025)

Execution on judgments; attorney’s fees and costs.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 18 cases (2 in the last 5 years), 1991–2025 · leading case: Richard B. Webber, II v. Thomas B. D'agostino, 251 So. 3d 188 (Fla. 4th DCA 2018).

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Richard B. Webber, II v. Thomas B. D'agostino, 251 So. 3d 188 (Fla. 4th DCA 2018). · cites it 8× “Following our opinion and order, the lender moved for attorney’s fees and costs in the trial court, asserting three grounds for recovery: (1) the note; (2) section 57.115, Florida Statutes; and (3) section 56.”

In Re Vulpetti, 182 B.R. 923 (Bankr. S.D. Florida 1995). · cites it 11× “§ 57.115, which provides that “[t]he 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) under § 506(b) of the Bankruptcy Code, pursuant to which the holder of…”

Florida Pottery Stores of Panama City, Inc. v. Am. Nat. Bank, 578 So. 2d 801 (Fla. 1st DCA 1991). · cites it 5× “" [2] Appellants filed a memorandum disputing ANB's entitlement to attorney's fees arguing that section 57.115, Florida Statutes (1987), which section provides for post-judgment attorney's fees, was inapplicable because ANB was not forced to bring supplemental proceedings.”

Suntrust Bank v. Arrow Energy, Inc., Aviation Fuel Int'l, Inc. & Sean Wagner, 199 So. 3d 1026 (Fla. 4th DCA 2016). · cites it 3× “In Paz , the court overturned an award of attorney’s fees to the judgment creditor in a garnishment proceeding, which were awarded under section 57.115, Florida Statutes (1993), authorizing an award in connection with execution on a judgment.”

Fed. Auto Ins., Inc. v. Bus. Acquisitions Brokerage, Inc., 839 So. 2d 767 (Fla. 4th DCA 2003). · cites it 3× “Section 57.115 states that: "[t]he 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.”

Paz v. Hernandez, 654 So. 2d 1243 (Fla. 3d DCA 1995). · cites it 4× “105 but awarded attorneys’ fees pursuant to section 57.115. The trial court found a reasonable fee to be ,625.”

Bolton v. SE Prop. Holdings, LLC, 127 So. 3d 746 (Fla. 1st DCA 2013). · cites it 2× “Based on successfully defending against the Bolton’s meritless post-judgment motions, the bank sought a judgment for supplemental attorney’s fees and was awarded ,793 in attorney’s fees pursuant to section 57.115, Florida Statutes. When the bank resumed seeking discovery in…”

Marshall Cassedy, Jr. v. Monique Wood, Nikki Clark & Darcy Cavell, 263 So. 3d 300 (Fla. 1st DCA 2019). · cites it 2× “4th DCA 2003) (holding party entitled to attorney’s fees under both contract language and section 57.115, Florida Statutes). Stated another way, an award of attorney’s fees and costs to a party under the terms of a lease agreement does not preclude an award of additional fees…”

Vick v. Vick, 993 So. 2d 1135 (Fla. 5th DCA 2008). · cites it 2× “at 1151 ; § 57.115, Fla. Stat. (2007); § 57.041, Fla.”

Okaloosa New Opportunity, LLC v. LD Projects, LLC, 109 So. 3d 1209 (Fla. 5th DCA 2013). · cites it 2× “29(11), Florida Statutes and § 57.115(1), Florida Statutes. WHEREFORE, OKALOOSA respectfully requests that this Court: a.”

Suntrust Bank v. Arrow Energy, Inc., Aviation Fuel Int'l, Inc., & Sean Wagner (Fla. 4th DCA 2016). · cites it 3× “In Paz, the court overturned an award of attorney’s fees to the judgment creditor in a garnishment proceeding, which were awarded under section 57.115, Florida Statutes (1993), authorizing an award in connection with execution on a judgment.”

Tower Cranes of Am., Inc. v. Monte Campbell Crane Co., 627 So. 2d 1350 (Fla. 4th DCA 1993). · cites it 2× “We affirm the denial of attorney’s fees under section 57.115, Florida Statutes (1991). That section allows the discretionary award to a judgment creditor of fees incurred in connection with execution on a judgment.”

Show all 18 citing cases →

— 57.115(1) — 5 cases

Richard B. Webber, II v. Thomas B. D'agostino, 251 So. 3d 188 (Fla. 4th DCA 2018). “Following our opinion and order, the lender moved for attorney’s fees and costs in the trial court, asserting three grounds for recovery: (1) the note; (2) section 57.115, Florida Statutes; and (3) section 56.”

Fed. Auto Ins., Inc. v. Bus. Acquisitions Brokerage, Inc., 839 So. 2d 767 (Fla. 4th DCA 2003). “Section 57.115 states that: "[t]he 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.”

Paz v. Hernandez, 654 So. 2d 1243 (Fla. 3d DCA 1995). “105 but awarded attorneys’ fees pursuant to section 57.115. The trial court found a reasonable fee to be ,625.”

Okaloosa New Opportunity, LLC v. LD Projects, LLC, 109 So. 3d 1209 (Fla. 5th DCA 2013). “29(11), Florida Statutes and § 57.115(1), Florida Statutes. WHEREFORE, OKALOOSA respectfully requests that this Court: a.”

Ocean Cruise Lines, Inc. v. Greenage Associations, Inc., 643 So. 2d 711 (Fla. 4th DCA 1994).

— 57.115(2)(a) — 1 case

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