The 2023 Florida Statutes (including Special Session C)
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. . . 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 . . .
. . . 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 . . .
. . . Section 59.46, Florida Statutes, also provides: "In the absence of an expressed contrary intent, any . . .
. . . 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% . . .
. . . must pay attorneys’ fees under the applicable unfair and deceptive trade practices statute, section 59.46 . . .
. . . Grabowski includes no argument based on section 59.46, Florida Statutes (2010). . . .
. . . Moreover, section 59.46, Florida Statutes, provides that, “[i]n the absence of an expressed contrary . . .
. . . 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. . . .
. . . issue in this case includes a prevailing party attorney’s fee provision, which by virtue of section 59.46 . . .
. . . Neither statute limits attorney’s fees to a prevailing party and, thus, the provision in section 59.46 . . .
. . . Section 59.46 of the Florida Statutes (2007), provides: 59.46 Attorney’s Fees.— In the absence of an . . .
. . . 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’ . . .
. . . Stat. (2007); § 59.46, Fla. Stat. (2007). . . .
. . . Share prices closed at $59.46 on October 28, before the press release was circulated. . . .
. . . Section 59.46, Florida Statutes, extends the entitlement to fees to those incurred on appeal. . . .
. . . 57.105 can also be the basis for aii award of appellate attorney’s fees, in accordance with section 59.46 . . .
. . . . § 59.46, Fla. Stat. (2005). AFFIRMED and REMANDED. SHARP, W., and ORFINGER, JJ., concur. . . . .
. . . . § 59.46. Reversed. We need not address Ms. . . .
. . . Entitlement to appellate attorneys fees under section 57.105 can be based in part on section 59.46, which . . .
. . . Under Sections 768.79 and 59.46, Florida Statutes (2001), attorney’s fees are not discretionary. . . .
. . . . § 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 . . .
. . . See § 59.46, Fla. Stat. (1999); Katz v. . . .
. . . 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 . . .
. . . Even section 59.46 does not help Linn's case, as it provides, “In the absence of an expressed contrary . . .
. . . . §§ 59.46 & 768.79(1), Fla. Stat: (1995); Williams v. . . .
. . . . §§ 768.79 and 59.46. We remand this case for a determination of the appropriate sum. . . .
. . . 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 . . .
. . . The Association is also entitled to appellate attorneys’ fees because section 59.46, Florida Statutes . . .
. . . See § 59.46, Fla. Stat. (1995). REVERSED and REMANDED, with directions. DAUKSCH, W. . . .
. . . grant the appellee’s motion for appellate attorney’s fees and costs based on sections 768.79(1) and 59.46 . . .
. . . 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 . . .
. . . Sections 627.428 and 59.46, Florida Statutes (1991), allow the award of attorney’s fees to the prevailing . . .
. . . See § 59.46, Fla. Stat. (1991). We remand to the trial court for a determination of those fees. . . .
. . . See § 59.46, Fla.Stat. (1991). . . .
. . . See §§ 57.105(1), 59.46, Fla.Stat. (1991); People Against Tax Revenue Mismanagement, Inc. v. . . .
. . . are entitled to their reasonable attorney’s fees in accordance with section 56.29(11), and section 59.46 . . .
. . . 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 . . .
. . . 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% . . .
. . . . §§ 772.11, 59.46 Fla.Stat. (1989); Fla. R.App.P. 9.400(b). . . .
. . . . §§ 772.11, 59.46 Fla.Stat. (1989); Fla. R.App.P. 9.400(b). . . .
. . . 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 . . .
. . . The defendant has moved for attorney’s fees on appeal pursuant to sections 59.46 and 768.79, Florida . . .
. . . After review, we find the motion to be totally frivolous, within the purview of sections 57.105, 59.46 . . .
. . . 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). . . .
. . . 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 . . .
. . . Schurkman, 291 So.2d 622, 629 (Fla. 3d DCA 1974); see also § 59.46, Fla.Stat. (1989). . . .
. . . .-105(2), Florida Statutes (Supp.1988), and section 59.46, Florida Statutes (1987). . . .
. . . See § 59.46, Florida Statutes and Fla.R.App.P. 1.940. . . .
. . . 496 So.2d 969, 969 n. 1 (Fla. 1st D.C.A.1986) (noting that this rule has since been superseded by § 59.46 . . .
. . . 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 . . .
. . . Section 59.46, Florida Statutes (1985) provides that “[i]n the absence of an expressed contrary intent . . .
. . . Section 59.46, Fla. . . .
. . . Section 59.46, Florida Statutes (1985), provides: In the absence of an expressed contrary intent, any . . .
. . . rule has since been superseded by statute, as to contracts entered into after October 1, 1977, Section 59.46 . . .
. . . frivolous and lacking in any justiciable issue of law or fact within the purview of sections 57.105 and 59.46 . . .
. . . The prevailing party, it was argued, had not complied with Section 59.46, Florida Statutes, which requires . . .
. . . . § 59.46(1) provides that “a statute ... providing for payment of attorney’s fees to the prevailing . . .
. . . appellate attorney’s fees under the lease agreement between the parties [paragraph 12] and Sections 59.46 . . .
. . . attorney’s fees for dissolution appeals, have utilized the “prevailing party” theory stemming from section 59.46 . . .
. . . — 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 . . .
. . . 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, . . .
. . . 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 . . .
. . . See § 59.46, Fla.Stat. (1981). . See §§ 57.041 and 57.071, Fla.Stat. (1981). . . .
. . . However, this Court has previously determined that a fee is awardable pursuant to Section 59.46, Florida . . .
. . . Section 59.46(2), Florida Statutes (1981), directs that claims for attorneys’ fees on appeal are to be . . .
. . . Section 59.46(1), Florida Statutes (1979), provides that a contract entered into after October 1, 1977 . . .
. . . Economy King Equipment Co., 353 So.2d 596 (Fla. 4th DCA 1977); § 59.46, Fla.Stat. (1981). . . .
. . . . § 59.46(1), Florida Statutes (1977). . . .
. . . Quinn, 399 So.2d 1026 (Fla. 2d DCA 1981); §§ 57.105, 59.46, Fla.Stat. (1981). . . .
. . . Toyota Motor Carriers, Inc., 391 So.2d 697 (Fla.3d DCA 1981); §§ 57.105, 59.46, Fla.Stat. (1981). . . .
. . . 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 . . .
. . . an award of appellate attorney’s fees except potentially Section 440.34(2)(b) together with Section 59.46 . . .
. . . 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 . . .
. . . See § 59.46(1), Fla.Stat. (1979): However, we have determined that none of these conditions exist herein . . .
. . . 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 . . .
. . . authorization for assessment of attorney’s fee for this appeal, such assessment is authorized by Section 59.46 . . .
. . . Section 59.46, Florida Statutes (1979), makes the provision of Chapter 559 regarding attorney’s fees . . .
. . . . § 59.46 now provides that any statutory provision providing for an award of attorney’s fees to a prevailing . . .
. . . the action. .Although the statute does not specifically authorize attorneys’ fees on appeal, Section 59.46 . . .
. . . . § 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 . . .
. . . See generally 12 Fla.Jur.2d Costs § 36; § 59.46, Florida Statutes (1979). McCORD, LARRY G. . . .
. . . that fees for appellate services are not allowable in this case since it predated enactment of Section 59.46 . . .
. . . fees on appeal, and since they were entered into before October 1, 1977, the provisions of Section 59.46 . . .
. . . The agreement provided for 24 monthly installments of $59.46 each, to begin on September 5,1975. . . .
. . . 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 . . .
. . . While Section 59.46, Fla.Stat. (1977) now provides for attorney’s fees to the prevailing party on appeal . . .
. . . (See F.S. 447.17 and F.S. 59.46.) . . .
. . . Chachkin 59.46 52.61 6.85 0 • Mr. Julian 1040.42 334.54 525.24 180.64 Ms. . . .
. . . 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 . . .
. . . Thus, the $575,000 requested represents a mixed hourly rate of $59.46. . . .
. . . 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% . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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% . . .
. . . under said modified paragraph 1539(b), with duty amounting to $60.40, and allowance to plaintiff of $59.46 . . .
. . . written notice thereof given to the charterer, and for every day’s detention by default of the charterer $59.46 . . .
. . . “ 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% . . .
. . . notice thereof to the consignees; and for each and every day’s detention by default of the charterers $59.46 . . .
. . . 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 . . .