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Florida Statute 59.46 | Lawyer Caselaw & Research
F.S. 59.46 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 59.46

The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 59
APPELLATE PROCEEDINGS
View Entire Chapter
F.S. 59.46
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.

F.S. 59.46 on Google Scholar

F.S. 59.46 on Casetext

Amendments to 59.46


Arrestable Offenses / Crimes under Fla. Stat. 59.46
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 59.46.



Annotations, Discussions, Cases:

Cases from cite.case.law:

JARRETTE BAY INVESTMENTS CORPORATION, v. BANKUNITED, N. A. Jr., 207 So.3d 345 (Fla. Dist. Ct. App. 2016)

. . . pursuant to Rules 9.300 and 9.400(b), Florida Rules of Appellate Procedure” and “Sections 57.105 and 59.46 . . . this Court must also award BankUnited entitlement to appellate fees, pursuant to sections 57.105 and 59.46 . . . Section 59.46 reads, in relevant part, as follows: Attorney’s fees. . . . BankUnited suggests that section 57.105 is a prevailing party fee statute as contemplated in section 59.46 . . .

VILLA LYAN, INC. v. PEREZ,, 159 So. 3d 940 (Fla. Dist. Ct. App. 2015)

. . . longer qualifies as the “prevailing party” under section 448.08, Florida Statutes (2012), and section 59.46 . . . Section 59.46, Florida Statutes, reads: "In the absence of an expressed contrary intent, any provision . . .

BURNS, v. STATE DEPARTMENT OF LEGAL AFFAIRS,, 147 So. 3d 95 (Fla. Dist. Ct. App. 2014)

. . . Section 59.46, Florida Statutes, also provides: "In the absence of an expressed contrary intent, any . . .

UNITED STATES v. YOUNG,, 960 F. Supp. 2d 881 (N.D. Iowa 2013)

. . . of Tennessee at 72.62%, E.D. of Kentucky at 63.86%, S.D. of Illinois at 61.82%, N.D. of New York at 59.46% . . .

PARRIS, v. CUMMINS POWER SOUTH,, 118 So. 3d 967 (Fla. Dist. Ct. App. 2013)

. . . must pay attorneys’ fees under the applicable unfair and deceptive trade practices statute, section 59.46 . . .

BRAXTON, v. GRABOWSKI,, 125 So. 3d 936 (Fla. Dist. Ct. App. 2013)

. . . Grabowski includes no argument based on section 59.46, Florida Statutes (2010). . . .

MCPHERSON, v. BITTNER,, 126 So. 3d 1230 (Fla. Dist. Ct. App. 2012)

. . . Moreover, section 59.46, Florida Statutes, provides that, “[i]n the absence of an expressed contrary . . .

PARDO v. GOLDBERG,, 92 So. 3d 295 (Fla. Dist. Ct. App. 2012)

. . . Specifically, Goldberg argues in her motion for rehearing that this Court overlooked the provisions of section 59.46 . . . Here, Goldberg did not move for fees in this Court pursuant to section 59.46. . . . Second, Goldberg’s reliance on section 59.46 is misplaced because that statute applies only when a contract . . . That statute reads: 59.46. . . .

FIRST REAL ESTATE, LLC, v. T. GRANT, T. III, CBH LLC, D. LLC, II, LLC,, 88 So. 3d 1073 (Fla. Dist. Ct. App. 2012)

. . . issue in this case includes a prevailing party attorney’s fee provision, which by virtue of section 59.46 . . .

M. J. I. v. A. J. K., 55 So. 3d 732 (Fla. Dist. Ct. App. 2011)

. . . Neither statute limits attorney’s fees to a prevailing party and, thus, the provision in section 59.46 . . .

SANCHEZ, v. STATE FARM FLORIDA INSURANCE COMPANY,, 997 So. 2d 1209 (Fla. Dist. Ct. App. 2008)

. . . Section 59.46 of the Florida Statutes (2007), provides: 59.46 Attorney’s Fees.— In the absence of an . . .

PROGRESSIVE AMERICAN INSURANCE COMPANY, v. RURAL METRO CORPORATION OF FLORIDA,, 994 So. 2d 1202 (Fla. Dist. Ct. App. 2008)

. . . RMA has petitioned for attorneys’ fees under three Florida Statutes — sections 59.46, 627.428, and subsection . . . Section 59.46, Florida Statutes, provides: In the absence of an expressed contrary intent, any provision . . . Second, section 59.46 depends on the existence of a statute or contract term providing for attorneys’ . . .

VICK, v. VICK, Jr., 993 So. 2d 1135 (Fla. Dist. Ct. App. 2008)

. . . Stat. (2007); § 59.46, Fla. Stat. (2007). . . .

In GILEAD SCIENCES SECURITIES LITIGATION. St. v. C. F. L. W., 536 F.3d 1049 (9th Cir. 2008)

. . . Share prices closed at $59.46 on October 28, before the press release was circulated. . . .

LUSIGNAN, v. O. LUSIGNAN,, 972 So. 2d 1076 (Fla. Dist. Ct. App. 2008)

. . . Section 59.46, Florida Statutes, extends the entitlement to fees to those incurred on appeal. . . .

EASTERN INDUSTRIES, INC. v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION, E., 960 So. 2d 900 (Fla. Dist. Ct. App. 2007)

. . . 57.105 can also be the basis for aii award of appellate attorney’s fees, in accordance with section 59.46 . . .

AUGLINK COMMUNICATIONS, INC. v. J. CANEVARI,, 932 So. 2d 338 (Fla. Dist. Ct. App. 2006)

. . . . § 59.46, Fla. Stat. (2005). AFFIRMED and REMANDED. SHARP, W., and ORFINGER, JJ., concur. . . . .

GILLELAND R. v. W. MILLER, Jr., 829 So. 2d 997 (Fla. Dist. Ct. App. 2002)

. . . . § 59.46. Reversed. We need not address Ms. . . .

BRIDGESTONE FIRESTONE, INC. S H v. S. HERRON A. a, 828 So. 2d 414 (Fla. Dist. Ct. App. 2002)

. . . Entitlement to appellate attorneys fees under section 57.105 can be based in part on section 59.46, which . . .

MOTTER ROOFING, INC. v. LEIBOWITZ,, 833 So. 2d 788 (Fla. Dist. Ct. App. 2002)

. . . Under Sections 768.79 and 59.46, Florida Statutes (2001), attorney’s fees are not discretionary. . . .

FIREMAN S FUND INSURANCE COMPANY, In v. TROPICAL SHIPPING AND CONSTRUCTION COMPANY, LTD. M V TROPIC TIDE, Co. s In v. M V TROPIC TIDE, In v. Co. s In v. M V TROPIC TIDE, Co. s In v. M V TROPIC TIDE, Co., 254 F.3d 987 (11th Cir. 2001)

. . . . § 59.46. . . . Stat. § 59.46 would be improper. See Fla. . . . . § 59.46 (providing for the payment of attorney’s fees “to the prevailing party on appeal”). C. . . . Stat. § 59.46; and (6) we further REMAND the case to the district court with instructions to modify its . . .

A. HEILMAN, v. REPP,, 768 So. 2d 1144 (Fla. Dist. Ct. App. 2000)

. . . See § 59.46, Fla. Stat. (1999); Katz v. . . .

WALTON REGIONAL HOSPITAL, v. YELL, 744 So. 2d 1153 (Fla. Dist. Ct. App. 1999)

. . . Section 59.46, Florida Statutes (1993), provides: In the absence of an expressed contrary intent, any . . . The application of section 59.46 thus permits an award of appellate attorney’s fees to be paid by the . . .

D. STARKEY, v. LINN,, 727 So. 2d 386 (Fla. Dist. Ct. App. 1999)

. . . Even section 59.46 does not help Linn's case, as it provides, “In the absence of an expressed contrary . . .

W. HARTLEY, Jr. v. M. GUETZLOE,, 712 So. 2d 817 (Fla. Dist. Ct. App. 1998)

. . . . §§ 59.46 & 768.79(1), Fla. Stat: (1995); Williams v. . . .

KEYS, v. LUFTHANSA GERMAN AIRLINES,, 119 F.3d 1515 (11th Cir. 1997)

. . . . §§ 768.79 and 59.46. We remand this case for a determination of the appropriate sum. . . .

LANTIGUA, v. LOPES,, 696 So. 2d 532 (Fla. Dist. Ct. App. 1997)

. . . With regard to the appellees’ motion for appellate attorney’s fees, pursuant to sections 768.79(1) and 59.46 . . . grant the appellee’s motion for appellate attorney’s fees and costs based on sections 768.79(1) and 59.46 . . .

KAHN v. VILLAS AT EAGLES POINT CONDOMINIUM ASSOCIATION, INC., 693 So. 2d 1029 (Fla. Dist. Ct. App. 1997)

. . . The Association is also entitled to appellate attorneys’ fees because section 59.46, Florida Statutes . . .

A. LITZINGER f k a A. v. M. JOHNSON,, 681 So. 2d 864 (Fla. Dist. Ct. App. 1996)

. . . See § 59.46, Fla. Stat. (1995). REVERSED and REMANDED, with directions. DAUKSCH, W. . . .

METROPOLITAN DADE COUNTY v. CEREZO,, 774 So. 2d 1 (Fla. Dist. Ct. App. 1996)

. . . grant the appellee’s motion for appellate attorney’s fees and costs based on sections 768.79(1) and 59.46 . . .

STATE DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY, v. C. JONES,, 660 So. 2d 282 (Fla. Dist. Ct. App. 1995)

. . . To the extent that section 59.46, Florida Statutes, may be read in connection with section 447.208(3) . . . who prevails against an agency), appellee’s motion for appellate attorney fees did not cite section 59.46 . . .

ALLSTATE INSURANCE COMPANY, v. DE LA FE,, 647 So. 2d 965 (Fla. Dist. Ct. App. 1994)

. . . Sections 627.428 and 59.46, Florida Statutes (1991), allow the award of attorney’s fees to the prevailing . . .

AUTILIO, v. J. BOWDEN,, 636 So. 2d 182 (Fla. Dist. Ct. App. 1994)

. . . See § 59.46, Fla. Stat. (1991). We remand to the trial court for a determination of those fees. . . .

CREWS, v. CREWS,, 629 So. 2d 1094 (Fla. Dist. Ct. App. 1994)

. . . See § 59.46, Fla.Stat. (1991). . . .

M. BIERMANN, v. C. COOK M., 619 So. 2d 1029 (Fla. Dist. Ct. App. 1993)

. . . See §§ 57.105(1), 59.46, Fla.Stat. (1991); People Against Tax Revenue Mismanagement, Inc. v. . . .

LUSKIN v. LUSKIN,, 616 So. 2d 559 (Fla. Dist. Ct. App. 1993)

. . . are entitled to their reasonable attorney’s fees in accordance with section 56.29(11), and section 59.46 . . .

M. DUFFY, M. D. v. BROOKER,, 614 So. 2d 546 (Fla. Dist. Ct. App. 1993)

. . . She also contends that section 59.46 is “non-discretionary and would appear to require a mandatory award . . . have overlooked or been unaware of the mandatory nature of the attorney’s fee provisions in Sections 59.46 . . . Section 59.46 provides: In the absence of an expressed contrary intent, any provision of a statute or . . . It does not authorize payment of attorney fees to the “prevailing party” as contemplated by section 59.46 . . .

WESCH, v. HUNT,, 785 F. Supp. 1491 (S.D. Ala. 1992)

. . . 0.00% 0 0.00% Block 121A 14 100.00% 9 64.29% 5 35.71% 0 0.00% 0 0.00% 0 0.00% Block 121B 37 100.00% 22 59.46% . . .

CIARAMELLO, Jr. B. a k a Sr. a k a v. D AMBRA D, 613 So. 2d 1324 (Fla. Dist. Ct. App. 1991)

. . . . §§ 772.11, 59.46 Fla.Stat. (1989); Fla. R.App.P. 9.400(b). . . .

CIARAMELLO, Jr. B. a k a Sr. a k a v. D AMBRA D, 590 So. 2d 946 (Fla. Dist. Ct. App. 1991)

. . . . §§ 772.11, 59.46 Fla.Stat. (1989); Fla. R.App.P. 9.400(b). . . .

ROSE v. GAGLIOTI,, 49 Fla. Supp. 2d 6 (Fla. Cir. Ct. 1991)

. . . appellant timely filed his motion for appellate attorneys fees and costs pursuant to Florida Statute § 59.46 . . . HENDERSON and LEVINE, JJ., concur. 59.46 Attorney’s fees. — In the absence of an expressed contrary intent . . .

WILLIAMS, v. O. BROCHU,, 578 So. 2d 491 (Fla. Dist. Ct. App. 1991)

. . . The defendant has moved for attorney’s fees on appeal pursuant to sections 59.46 and 768.79, Florida . . .

PEOPLE AGAINST TAX REVENUE MISMANAGEMENT, INC. v. LEON COUNTY CANVASSING BOARD,, 573 So. 2d 31 (Fla. Dist. Ct. App. 1990)

. . . After review, we find the motion to be totally frivolous, within the purview of sections 57.105, 59.46 . . .

THORNBER, v. CITY OF FORT WALTON BEACH,, 568 So. 2d 914 (Fla. 1990)

. . . Lastly, the council members claim appellate attorney’s fees under section 59.46, Florida Statutes (1987 . . . They are not entitled to recover under § 59.46, Fla.Stat. (1987). . . .

R. E. MEDICAL GROUP, INC. v. FRITH, 42 Fla. Supp. 2d 49 (Fla. Cir. Ct. 1990)

. . . As to appeals, § 59.46, Fla. . . . When § 59.46 is read in conjunction with § 57.105(1), it authorizes an award of attorney’s fees on appeal . . .

SOUTHEAST BANK, N. A. v. INGRASSIA,, 562 So. 2d 718 (Fla. Dist. Ct. App. 1990)

. . . Schurkman, 291 So.2d 622, 629 (Fla. 3d DCA 1974); see also § 59.46, Fla.Stat. (1989). . . .

ADLER H. v. KEY FINANCIAL SERVICES, INC., 553 So. 2d 284 (Fla. Dist. Ct. App. 1989)

. . . .-105(2), Florida Statutes (Supp.1988), and section 59.46, Florida Statutes (1987). . . .

KAPLAN v MINTO BUILDERS,, 32 Fla. Supp. 2d 126 (Fla. Cir. Ct. 1988)

. . . See § 59.46, Florida Statutes and Fla.R.App.P. 1.940. . . .

BURGER KING CORPORATION, v. A. MASON,, 855 F.2d 779 (11th Cir. 1988)

. . . 496 So.2d 969, 969 n. 1 (Fla. 1st D.C.A.1986) (noting that this rule has since been superseded by § 59.46 . . .

STANKEE DEVELOPMENT CORP. N. V. v. CITICORP SAVINGS OF FLORIDA, a, 526 So. 2d 90 (Fla. Dist. Ct. App. 1987)

. . . lacked the language of mutuality of relief we thought to be implicitly required, to activate section 59.46 . . . McGowan Electric Supply Co., 511 So.2d 977, 980 (Fla.1987), the Florida Supreme Court held that section 59.46 . . .

CHEEK, v. McGOWAN ELECTRIC SUPPLY CO., 511 So. 2d 977 (Fla. 1987)

. . . Section 59.46, Florida Statutes (1985) provides that “[i]n the absence of an expressed contrary intent . . .

JEFFUS v. THE CORAL GABLES RETIREMENT BOARD,, 21 Fla. Supp. 2d 117 (Fla. Cir. Ct. 1987)

. . . Section 59.46, Fla. . . .

PALM BEACH MANAGEMENT CORPORATION, a v. DeWOODY AND COMPANY, P. A., 497 So. 2d 1298 (Fla. Dist. Ct. App. 1986)

. . . Section 59.46, Florida Statutes (1985), provides: In the absence of an expressed contrary intent, any . . .

VANTAGE BROADCASTING COMPANY, v. WINT RADIO, INC., 496 So. 2d 969 (Fla. Dist. Ct. App. 1986)

. . . rule has since been superseded by statute, as to contracts entered into after October 1, 1977, Section 59.46 . . .

W. WEST, v. SACRED HEART HOSPITAL Dr. M., 458 So. 2d 879 (Fla. Dist. Ct. App. 1984)

. . . frivolous and lacking in any justiciable issue of law or fact within the purview of sections 57.105 and 59.46 . . .

M. ARCENEAUX J. v. MERRILL LYNCH, PIERCE, FENNER SMITH,, 595 F. Supp. 171 (M.D. Fla. 1984)

. . . The prevailing party, it was argued, had not complied with Section 59.46, Florida Statutes, which requires . . .

BOCA MARA PROPERTIES, INC. T. O L. O F. v. INTERNATIONAL DAIRY QUEEN, INC., 732 F.2d 1550 (11th Cir. 1984)

. . . . § 59.46(1) provides that “a statute ... providing for payment of attorney’s fees to the prevailing . . .

MOORE, Jr. v. G. M. B. CORP. B. a d b a G. M. B. CORP. B. a d b a v. MOORE, Jr., 450 So. 2d 251 (Fla. Dist. Ct. App. 1984)

. . . appellate attorney’s fees under the lease agreement between the parties [paragraph 12] and Sections 59.46 . . .

THORNTON, v. THORNTON, Jr., 433 So. 2d 682 (Fla. Dist. Ct. App. 1983)

. . . attorney’s fees for dissolution appeals, have utilized the “prevailing party” theory stemming from section 59.46 . . .

BUSKEY D. V. v. L. OLIVER, Jr. a, 565 F. Supp. 1473 (M.D. Ala. 1983)

. . . — had, according to the 1970 census figures, white/black population percentages of 47.09/52.91% and 59.46 . . . District 6, which according to the 1970 census was 59.46% white, also elected a black council member . . . The 59.46% white majority attributed to district 6 by the 1970 census figures did not accurately reflect . . . Population % White % Black 3 15,410 21.48 78.52 4 15,500 47.09 52.91 5 15,508 16.01 83.99 6 15,302 59.46 . . .

O. BOWMAN, v. KINGSLAND DEVELOPMENT, INC., 432 So. 2d 660 (Fla. Dist. Ct. App. 1983)

. . . Although not directly applicable, section 59.46(1), Florida Statutes (1981), affords a further basis . . . Section 59.46(1), Florida Statutes (1981), provides: In the absence of an expressed contrary intent, . . .

SILVERBERG, v. PAINE, WEBBER, JACKSON CURTIS, INC. a T., 724 F.2d 1456 (11th Cir. 1983)

. . . This Court has previously held that Section 59.46(2) of the Florida Code, which prescribes the filing . . . Here, plaintiff-appellee did not comply with Section 59.46(2). . . . legislature has described the nature of attorney’s fees in different ways, it has decreed in Section 59.46 . . . Section 59.46(2) draws no distinction between attorney’s fees as part of the judgment and attorney’s . . . their opposition on the failure of the plaintiff-appellee to comply with the provisions of Section 59.46 . . . , Fla.Stat. (1981), which reads as follows: 59.46 Attorney’s Fees in s): s): ^ % (2) When attorney’s . . . Northern Pan American Line, 628 F.2d 376 (5th Cir.1980), which held that the provisions of Section 59.46 . . . Appellee, therefore, contends that Section 59.46 is not applicable because what we are dealing with in . . .

QUINLIVAN v. UNITED BUSINESS INVESTMENTS, INC., 420 So. 2d 329 (Fla. Dist. Ct. App. 1982)

. . . See § 59.46, Fla.Stat. (1981). . See §§ 57.041 and 57.071, Fla.Stat. (1981). . . .

SEWELL PLASTICS, INC. v. JACKSON,, 418 So. 2d 442 (Fla. Dist. Ct. App. 1982)

. . . However, this Court has previously determined that a fee is awardable pursuant to Section 59.46, Florida . . .

J. DOUGLAS, v. G. E. E. N. CORPORATION,, 415 So. 2d 130 (Fla. Dist. Ct. App. 1982)

. . . Section 59.46(2), Florida Statutes (1981), directs that claims for attorneys’ fees on appeal are to be . . .

A. BRADY, v. EDGAR W., 415 So. 2d 141 (Fla. Dist. Ct. App. 1982)

. . . Section 59.46(1), Florida Statutes (1979), provides that a contract entered into after October 1, 1977 . . .

HARGITAY, v. Dr. L. PIPES,, 415 So. 2d 753 (Fla. Dist. Ct. App. 1982)

. . . Economy King Equipment Co., 353 So.2d 596 (Fla. 4th DCA 1977); § 59.46, Fla.Stat. (1981). . . .

SPRING AIR MATTRESS COMPANY a k a Co. v. J. COX,, 413 So. 2d 1265 (Fla. Dist. Ct. App. 1982)

. . . . § 59.46(1), Florida Statutes (1977). . . .

LUMBERMENS MUTUAL CASUALTY COMPANY, v. SHEROUSE,, 413 So. 2d 844 (Fla. Dist. Ct. App. 1982)

. . . Quinn, 399 So.2d 1026 (Fla. 2d DCA 1981); §§ 57.105, 59.46, Fla.Stat. (1981). . . .

AUSTIN, v. AUSTIN S RACK, INC., 413 So. 2d 844 (Fla. Dist. Ct. App. 1982)

. . . Toyota Motor Carriers, Inc., 391 So.2d 697 (Fla.3d DCA 1981); §§ 57.105, 59.46, Fla.Stat. (1981). . . .

DOUGLAS, v. MICHEL, d b a, 410 So. 2d 936 (Fla. Dist. Ct. App. 1982)

. . . Douglas also seeks an award of attorney fees pursuant to sections 119.12(1) and 59.46, Florida Statutes . . . Section 59.46, Florida Statutes (1979), provides in pertinent part: (1) In the absence of an expressed . . .

ACEVEDO v. AMPCO PRODUCTS COMPANY s, 407 So. 2d 376 (Fla. Dist. Ct. App. 1981)

. . . an award of appellate attorney’s fees except potentially Section 440.34(2)(b) together with Section 59.46 . . .

SHIP SHAPE CNA v. K. TAYLOR,, 397 So. 2d 1199 (Fla. Dist. Ct. App. 1981)

. . . See § 59.46(1), Fla.Stat. (1979). . . . The court then observed that under § 59.46, Fla.Stat. (1977), “any provision of a statute ... providing . . . Thus, the Florida Glass decision held that “Section 713.29 when construed in the light of Section 59.46 . . . parenthetically stated that since its determination of the appeal took place after the effective date of § 59.46 . . .

LEHIGH CORPORATION U. S. v. C. BYRD,, 397 So. 2d 1202 (Fla. Dist. Ct. App. 1981)

. . . See § 59.46(1), Fla.Stat. (1979): However, we have determined that none of these conditions exist herein . . .

E. BAUCOM, v. D. BAUCOM,, 397 So. 2d 345 (Fla. Dist. Ct. App. 1981)

. . . seeking an award of attorney’s fees pursuant to Section 61.16, Florida Statutes (1979) [as amplified by § 59.46 . . . Section 59.46(1), Florida Statutes (1979), provides as follows: “In the absence of an expressed contrary . . .

JONES, v. K L CONTRACTORS, 392 So. 2d 375 (Fla. Dist. Ct. App. 1981)

. . . authorization for assessment of attorney’s fee for this appeal, such assessment is authorized by Section 59.46 . . .

M. PETERS J. v. COLLISION CLINICS INTERNATIONAL INC. a L., 404 So. 2d 116 (Fla. Dist. Ct. App. 1981)

. . . Section 59.46, Florida Statutes (1979), makes the provision of Chapter 559 regarding attorney’s fees . . .

PERKINS STATE BANK, a v. CONNOLLY, 632 F.2d 1306 (5th Cir. 1980)

. . . . § 59.46 now provides that any statutory provision providing for an award of attorney’s fees to a prevailing . . .

T. I. E. COMMUNICATIONS, INC. v. TOYOTA MOTORS CENTER, INC. a a k a, 391 So. 2d 697 (Fla. Dist. Ct. App. 1980)

. . . the action. .Although the statute does not specifically authorize attorneys’ fees on appeal, Section 59.46 . . .

BLASSER BROTHERS, INC. v. NORTHERN PAN- AMERICAN LINE, a s d b a v. CONTINENTAL INSURANCE CO. OF NEW YORK,, 628 F.2d 376 (5th Cir. 1980)

. . . . § 59.46(2) (West Supp.1980), when attorneys’ fees are allowable by law on appeal, the requesting party . . . Section 59.46(2) of the Florida Insurance Code reads: (2) When attorney’s fees are allowable by law for . . .

R. CAMPBELL M. v. C. RAWLS, Jr. D., 381 So. 2d 744 (Fla. Dist. Ct. App. 1980)

. . . See generally 12 Fla.Jur.2d Costs § 36; § 59.46, Florida Statutes (1979). McCORD, LARRY G. . . .

L. WALKER L. v. B. SENN E., 376 So. 2d 410 (Fla. Dist. Ct. App. 1979)

. . . that fees for appellate services are not allowable in this case since it predated enactment of Section 59.46 . . .

HART LAND CATTLE COMPANY, INC. v. OUTDOOR PROMOTIONS, INC. a, 382 So. 2d 26 (Fla. Dist. Ct. App. 1979)

. . . fees on appeal, and since they were entered into before October 1, 1977, the provisions of Section 59.46 . . .

GALLEGOS, v. STOKES, d b a A, 593 F.2d 372 (10th Cir. 1979)

. . . The agreement provided for 24 monthly installments of $59.46 each, to begin on September 5,1975. . . .

F. BROWN M. v. FINANCIAL INDEMNITY COMPANY,, 366 So. 2d 1273 (Fla. Dist. Ct. App. 1979)

. . . Therefore, since the contract in question predates Section 59.46, Florida Statutes (1977), no allowance . . . Section 59.46, Florida Statutes (1977), provides that a statute or contract providing for payment of . . .

R. FRANK, v. LAND SERVICES, INC., 360 So. 2d 1304 (Fla. Dist. Ct. App. 1978)

. . . While Section 59.46, Fla.Stat. (1977) now provides for attorney’s fees to the prevailing party on appeal . . .

TRUCKDRIVERS, WAREHOUSEMEN HELPERS, LOCAL NO. v. H. CADLE,, 360 So. 2d 435 (Fla. Dist. Ct. App. 1978)

. . . (See F.S. 447.17 and F.S. 59.46.) . . .

L. McPHERSON, Sr. Jr. v. SCHOOL DISTRICT SPRINGFIELD, ILLINOIS, 465 F. Supp. 749 (S.D. Ill. 1978)

. . . Chachkin 59.46 52.61 6.85 0 • Mr. Julian 1040.42 334.54 525.24 180.64 Ms. . . .

FLORIDA GLASS MIRROR COMPANY OF ORLANDO, INC. v. ECONOMY KING EQUIPMENT COMPANY, 353 So. 2d 596 (Fla. Dist. Ct. App. 1977)

. . . Section 59.46(1), Florida Statutes (1977) We conclude that the phrase, “entered into after October 1, . . . We therefore hold that Section 713.29 when construed in the light of Section 59.46 now permits recovery . . . Because the amended version of Section 59.46 took effect on October 1,1977, and this court’s determination . . .

In INTERSTATE STORES, INC., 437 F. Supp. 14 (S.D.N.Y. 1977)

. . . Thus, the $575,000 requested represents a mixed hourly rate of $59.46. . . .

CONTROL DATA CORPORATION, v. UNITED STATES,, 499 F.2d 1304 (C.C.P.A. 1974)

. . . determined by dividing the total costs (1) and (2) into the profit figure (3). 1 and 2 total $9.20 3 5.47 59.46% . . . Add frt, brokerage, ins. to fgn factory :48 totals 34.04 direct labor 2.63 geni exp 6.57 9.20 profit 59.46% . . .

v., 61 C.C.P.A. 109 (C.C.P.A. 1974)

. . . dividing tbe total costs (1) and (2) into tlie profit figure (3) : (1) and (2) total_$9.20 (3) - 5.47 59.46 . . . insurance to foreign factory_ . 48 Total_ 34.04 Direct labor_ 2.63 General expenses. 6. 57 9. 20 Profit 59.46 . . .

UNITED STATES v. CONTROL DATA CORPORATION, 352 F. Supp. 1392 (Cust. Ct. 1972)

. . . With the information thus obtained the appraiser calculated a percentage of profit [59.46%] realized . . . overhead ($6.57) were added, and the total figure ($9.20) was divided into the profit ($5.47), yielding 59.46 . . . That latter figure was then multiplied by Waltek’s percentage of profit (59.46 per cent) to determine . . .

v., 69 Cust. Ct. 274 (Cust. Ct. 1972)

. . . With the information thus obtained the appraiser calculated a percentage of profit [59.46%] realized . . . overhead ($6.57) were added, and the total figure ($9.20) was divided into the profit ($5.47), yielding 59.46 . . . That latter figure was then multiplied by Waltek’s percentage of profit (59.46 per cent) to determine . . .

v., 64 Cust. Ct. 693 (Cust. Ct. 1970)

. . . brokerage, ins. to fgn factory . 48 34. 04 totals direct labor CO CO c4 9. 20 geni exp io co 25. 71 profit 59.46% . . .

W. J. Co. v., 52 Cust. Ct. 370 (Cust. Ct. 1964)

. . . under said modified paragraph 1539(b), with duty amounting to $60.40, and allowance to plaintiff of $59.46 . . .

UNITED STATES v. F. S. ROYSTER GUANO CO. THE LAKE YELVERTON, 288 F. 92 (E.D. Va. 1923)

. . . written notice thereof given to the charterer, and for every day’s detention by default of the charterer $59.46 . . .

COMPUTING SCALE CO. v. TOLEDO COMPUTING SCALE CO. TOLEDO COMPUTING SCALE CO. v. COMPUTING SCALE CO., 279 F. 648 (7th Cir. 1921)

. . . “ 1909 ...............................4S.S0% “ “ “ 51.20% “ “ “ 19I.0...............................59.46% . . . 11,182.89 1909 ........................48.80% of 48,345.70 “ “ “ 23,592.70 1910 ....................... 59.46% . . . 51.66% “ 42,828.86 1909.. ................. 82.779.28 48.80% « 40,890.26 1910.. .......... 101,359.87 59.46% . . .

BURRILL v. CROSSMAN, 130 F. 763 (2d Cir. 1904)

. . . notice thereof to the consignees; and for each and every day’s detention by default of the charterers $59.46 . . .

BURRILL v. CROSSMAN, 124 F. 838 (S.D.N.Y. 1903)

. . . the libellants, the owners of the bark Kate Burrill, to recover 53 days’ demurrage at the rate of $59.46 . . . and for each and every day’s detention by default of the said party of the second part, or agent, ($59.46 . . .