Florida Statutes

Fla. Stat. § 59.46 (2025)

Attorney’s fees.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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59.46 Attorney’s fees.—In the absence of an expressed contrary intent, any provision of a statute or of a contract entered into after October 1, 1977, providing for the payment of attorney’s fees to the prevailing party shall be construed to include the payment of attorney’s fees to the prevailing party on appeal.

History.—s. 1, ch. 73-84; s. 1, ch. 77-76; s. 1, ch. 83-214.

Notes of Decisions

Cited in 74 cases (5 in the last 5 years), 1977–2025 · leading case: Fireman's Fund Ins. v. Tropical Shipping & Constr. Co., 254 F.3d 987 (11th Cir. 2001).

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Fireman's Fund Ins. v. Tropical Shipping & Constr. Co., 254 F.3d 987 (11th Cir. 2001). · cites it 4× “Tall Pony also seeks attorney’s fees in connection with the instant appeal pursuant to Fla. Stat. § 59.46 . Following the district court’s decision, Tropical filed a motion to tax costs pursuant to Fed.”

Thornber v. City of Ft. Walton Beach, 568 So. 2d 914 (Fla. 1990). · cites it 4× “[10] They are not entitled to recover under § 59.46, Fla. Stat. (1987). This statute is inapplicable in this case.”

Bowman v. Kingsland Dev., Inc., 432 So. 2d 660 (Fla. 5th DCA 1983). · cites it 4× “Although not directly applicable, section 59.46(1), Florida Statutes (1981), affords a further basis to conclude Bowman is entitled to have a reasonable attorney's fee assessed by the trial court on remand.”

Ship Shape v. Taylor, 397 So. 2d 1199 (Fla. 1st DCA 1981). · cites it 7× “The court then *1201 observed that under § 59.46, Fla. Stat. (1977), "any provision of a statute .”

Cheek v. McGowan Elec. Supply Co., 511 So. 2d 977 (Fla. 1987). · cites it 2× “Section 59.46, Florida Statutes (1985) provides that "[i]n the absence of an expressed contrary intent, any provision of a statute or of a contract .”

Brown v. Fin. Indem. Co., 366 So. 2d 1273 (Fla. 4th DCA 1979). · cites it 4× “It is the latter aspect of the Circuit Court order which petitioners claim is a departure from the essential requirements of law.”

Tie Commc'ns v. Toyota Motors, 391 So. 2d 697 (Fla. 3d DCA 1980). · cites it 2× “[3] Although the statute does not specifically authorize attorneys' fees on appeal, Section 59.46, Florida Statutes (1979), when read in conjunction with Section 57.”

Lehigh Corp. v. Byrd, 397 So. 2d 1202 (Fla. 1st DCA 1981). · cites it 2× “See § 59.46(1), Fla. Stat. (1979). However, we have determined that none of these conditions exist herein.”

FLA. GLASS & MIRROR CO. v. Econ. King Equip. Co., 353 So. 2d 596 (Fla. 4th DCA 1977). · cites it 6× “Since that time the Legislature has enacted an amended version of Section 59.46, Florida Statutes, which took effect on October 1, 1977.”

Baucom v. Baucom, 397 So. 2d 345 (Fla. 3d DCA 1981). · cites it 4× “16, Florida Statutes (1979), provides as follows: "The court may from time to time, after considering the financial resources of both parties, order a party to pay a reasonable amount for attorney's fees, suit money, and the cost to the other party of maintaining or defending…”

Thornton v. Thornton, 433 So. 2d 682 (Fla. 5th DCA 1983). · cites it 2× “For example, some courts, in considering attorney's fees for dissolution appeals, have utilized the "prevailing party" theory stemming from section 59.46(1), Florida Statutes (1981).”

Progressive Am. Ins. Co. v. Rural/Metro Corp., 994 So. 2d 1202 (Fla. 5th DCA 2008). · cites it 3× “Section 59.46, Florida Statutes, provides: In the absence of an expressed contrary intent, any provision of a statute or of a contract entered into after October 1, 1977, providing for the payment of attorney's fees to the prevailing party shall be construed to include the…”

Show all 74 citing cases →

— 59.46(1) — 9 cases

Bowman v. Kingsland Dev., Inc., 432 So. 2d 660 (Fla. 5th DCA 1983). “Although not directly applicable, section 59.46(1), Florida Statutes (1981), affords a further basis to conclude Bowman is entitled to have a reasonable attorney's fee assessed by the trial court on remand.”

Lehigh Corp. v. Byrd, 397 So. 2d 1202 (Fla. 1st DCA 1981). “See § 59.46(1), Fla. Stat. (1979). However, we have determined that none of these conditions exist herein.”

Baucom v. Baucom, 397 So. 2d 345 (Fla. 3d DCA 1981). “16, Florida Statutes (1979), provides as follows: "The court may from time to time, after considering the financial resources of both parties, order a party to pay a reasonable amount for attorney's fees, suit money, and the cost to the other party of maintaining or defending…”

Thornton v. Thornton, 433 So. 2d 682 (Fla. 5th DCA 1983). “For example, some courts, in considering attorney's fees for dissolution appeals, have utilized the "prevailing party" theory stemming from section 59.46(1), Florida Statutes (1981).”

Ship Shape v. Taylor, 397 So. 2d 1199 (Fla. 1st DCA 1981). “The court then *1201 observed that under § 59.46, Fla. Stat. (1977), "any provision of a statute .”

— 59.46(2) — 2 cases

Blasser Bros. v. N. Pan-Am. Line, 628 F.2d 376 (5th Cir. 1980).

Douglas v. G.E.E.N. Corp., 415 So. 2d 130 (Fla. 5th DCA 1982).

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