Florida Statute 59.46 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 59
APPELLATE PROCEEDINGS

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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 CourtListener

Amendments to 59.46

Annotations, Discussions, Cases:

Cases Citing Statute 59.46

Total Results: 70

Thornber v. City of Ft. Walton Beach

568 So. 2d 914, 15 Fla. L. Weekly Supp. 535, 1990 Fla. LEXIS 1339, 1990 WL 154237

Supreme Court of Florida | Filed: Oct 11, 1990 | Docket: 1659482

Cited 112 times | Published

members claim appellate attorney's fees under section 59.46, Florida Statutes (1987). As to the federal

Bowman v. Kingsland Development, Inc.

432 So. 2d 660, 1983 Fla. App. LEXIS 19978

District Court of Appeal of Florida | Filed: Jun 2, 1983 | Docket: 1677481

Cited 73 times | Published

that view. Although not directly applicable, section 59.46(1), Florida Statutes (1981), affords a further

Cheek v. McGowan Elec. Supply Co.

511 So. 2d 977, 12 Fla. L. Weekly 407, 1987 Fla. LEXIS 2066

Supreme Court of Florida | Filed: Jul 16, 1987 | Docket: 1338801

Cited 67 times | Published

defending the judgment in its favor in this Court. Section 59.46, Florida Statutes (1985) provides that "[i]n

Burger King Corporation, Cross-Appellant v. Gerald A. Mason, Cross-Appellee

855 F.2d 779, 8 U.S.P.Q. 2d (BNA) 1263, 1988 U.S. App. LEXIS 12801, 1988 WL 90425

Court of Appeals for the Eleventh Circuit | Filed: Sep 20, 1988 | Docket: 983404

Cited 44 times | Published

(noting that this rule has since been superseded by § 59.46 Fla.Stat.Ann., as to all contracts entered into

TIE COMMUNICATIONS v. Toyota Motors

391 So. 2d 697

District Court of Appeal of Florida | Filed: Dec 2, 1980 | Docket: 1174245

Cited 16 times | Published

specifically authorize attorneys' fees on appeal, Section 59.46, Florida Statutes (1979), when read in conjunction

Thornton v. Thornton

433 So. 2d 682

District Court of Appeal of Florida | Filed: Jun 30, 1983 | Docket: 1727456

Cited 15 times | Published

the "prevailing party" theory stemming from section 59.46(1), Florida Statutes (1981). See, e.g., Baucom

Bridgestone/Firestone, Inc. v. Herron

828 So. 2d 414, 2002 WL 31202776

District Court of Appeal of Florida | Filed: Oct 4, 2002 | Docket: 419532

Cited 14 times | Published

under section 57.105 can be based in part on section 59.46, which states that a statute providing for attorney's

Douglas v. Michel

410 So. 2d 936

District Court of Appeal of Florida | Filed: Jan 13, 1982 | Docket: 1518500

Cited 13 times | Published

reasonable attorney's fee against such agency. [2] Section 59.46, Florida Statutes (1979), provides in pertinent

Lehigh Corp. v. Byrd

397 So. 2d 1202

District Court of Appeal of Florida | Filed: May 7, 1981 | Docket: 1357109

Cited 13 times | Published

authorized to award appellate attorney's fees. See § 59.46(1), Fla. Stat. (1979). However, we have determined

Ship Shape v. Taylor

397 So. 2d 1199

District Court of Appeal of Florida | Filed: May 7, 1981 | Docket: 1357440

Cited 12 times | Published

authorized to award appellate attorney's fees. See § 59.46(1), Fla. Stat. (1979). However, we have determined

Campbell v. Rawls

381 So. 2d 744

District Court of Appeal of Florida | Filed: Apr 2, 1980 | Docket: 1758039

Cited 11 times | Published

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

Fireman's Fund Insurance v. Tropical Shipping & Construction Co.

254 F.3d 987, 2001 A.M.C. 2474, 2001 U.S. App. LEXIS 13712

Court of Appeals for the Eleventh Circuit | Filed: Jun 19, 2001 | Docket: 396772

Cited 9 times | Published

with the instant appeal pursuant to Fla. Stat. § 59.46. Following the district court’s decision,

Brown v. Financial Indem. Co.

366 So. 2d 1273

District Court of Appeal of Florida | Filed: Feb 7, 1979 | Docket: 1227386

Cited 8 times | Published

Therefore, since the contract in question predates Section 59.46, Florida Statutes (1977),[1] no allowance can

Starkey v. Linn

727 So. 2d 386, 1999 WL 111155

District Court of Appeal of Florida | Filed: Mar 5, 1999 | Docket: 1438074

Cited 6 times | Published

of authority to award appellate fees. Even section 59.46 does not help Linn's case, as it provides, "In

Arnold Silverberg v. Paine, Webber, Jackson & Curtis, Inc., a Delaware Corporation, and Hubert T. Houston

724 F.2d 1456, 1983 U.S. App. LEXIS 30940

Court of Appeals for the Eleventh Circuit | Filed: Jan 31, 1983 | Docket: 780361

Cited 6 times | Published

appeal. This Court has previously held that Section 59.46(2) of the Florida Code, which prescribes the

Arceneaux v. Merrill Lynch, Pierce, Fenner & Smith

595 F. Supp. 171

District Court, M.D. Florida | Filed: Aug 20, 1984 | Docket: 1272144

Cited 5 times | Published

party, it was argued, had not complied with Section 59.46, Florida Statutes, which requires a motion for

Brady v. Edgar

415 So. 2d 141

District Court of Appeal of Florida | Filed: Jun 16, 1982 | Docket: 2541874

Cited 5 times | Published

DAUKSCH, C.J., and COBB, J., concur. NOTES [1] Section 59.46(1), Florida Statutes (1979), provides that a

Progressive American Ins. Co. v. Rural/Metro Corp.

994 So. 2d 1202, 2008 WL 4889128

District Court of Appeal of Florida | Filed: Nov 14, 2008 | Docket: 2576598

Cited 4 times | Published

59.46, 627.428, and subsection 627.736(8). Section 59.46, Florida Statutes, provides: In the absence

Eastern Industries v. Florida Uac

960 So. 2d 900, 2007 WL 2065998

District Court of Appeal of Florida | Filed: Jul 20, 2007 | Docket: 2555412

Cited 4 times | Published

appellate attorney's fees, in accordance with section 59.46, Florida Statutes (2006). See Bridgestone/Firestone

Adler v. Key Financial Services, Inc.

553 So. 2d 284, 1989 WL 142688

District Court of Appeal of Florida | Filed: Nov 28, 1989 | Docket: 1259215

Cited 4 times | Published

105(2), Florida Statutes (Supp. 1988), and section 59.46, Florida Statutes (1987). We deny the request

Sewell Plastics, Inc. v. Jackson

418 So. 2d 442, 1982 Fla. App. LEXIS 20943

District Court of Appeal of Florida | Filed: Aug 25, 1982 | Docket: 1686168

Cited 4 times | Published

determined that a fee is awardable pursuant to Section 59.46, Florida Statutes (1979) where an attorney's

Burns v. State, Department of Legal Affairs

147 So. 3d 95, 2014 WL 3756382, 2014 Fla. App. LEXIS 11757

District Court of Appeal of Florida | Filed: Aug 1, 2014 | Docket: 60243427

Cited 3 times | Published

Appellants’ motion for fees and damages. . Section 59.46, Florida Statutes, also provides: "In the absence

Southeast Bank, NA v. Ingrassia

562 So. 2d 718, 1990 Fla. App. LEXIS 2862, 1990 WL 49833

District Court of Appeal of Florida | Filed: Apr 24, 1990 | Docket: 1674619

Cited 3 times | Published

291 So.2d 622, 629 (Fla. 3d DCA 1974); see also § 59.46, Fla. Stat. (1989). The award is not made on a

Spring Air Mattress Co. v. Cox

413 So. 2d 1265

District Court of Appeal of Florida | Filed: May 14, 1982 | Docket: 1702517

Cited 3 times | Published

the claimant is also entitled to fees on appeal. § 59.46(1), Florida Statutes (1977). The proper method

Baucom v. Baucom

397 So. 2d 345

District Court of Appeal of Florida | Filed: Apr 7, 1981 | Docket: 1357571

Cited 3 times | Published

61.16, Florida Statutes (1979) [as amplified by § 59.46(1), Fla. Stat. (1979)], for legal services allegedly

Sanchez v. State Farm Florida Ins. Co.

997 So. 2d 1209, 2008 Fla. App. LEXIS 19355, 2008 WL 5352226

District Court of Appeal of Florida | Filed: Dec 24, 2008 | Docket: 1720616

Cited 2 times | Published

Farm's motion for fees remains pending below. Section 59.46 of the Florida Statutes (2007), provides: 59

Lusignan v. Lusignan

972 So. 2d 1076, 2008 WL 194964

District Court of Appeal of Florida | Filed: Jan 25, 2008 | Docket: 1158832

Cited 2 times | Published

contained in the contract for sale and purchase. Section 59.46, Florida Statutes, extends the entitlement to

AUGLINK COMMUNICATIONS, INC. v. Canevari

932 So. 2d 338, 2006 WL 435703

District Court of Appeal of Florida | Filed: Feb 24, 2006 | Docket: 1285513

Cited 2 times | Published

to be determined by the trial court on remand. § 59.46, Fla. Stat. (2005). AFFIRMED and REMANDED. SHARP

McPherson v. Bittner

126 So. 3d 1230, 2012 WL 5232293, 2012 Fla. App. LEXIS 18499

District Court of Appeal of Florida | Filed: Oct 24, 2012 | Docket: 60236271

Cited 1 times | Published

410 So.2d 501, 505-06 (Fla.1982).1 Moreover, section 59.46, Florida Statutes, provides that, “[i]n the

First Real Estate, LLC v. Grant

88 So. 3d 1073, 2012 WL 2019093, 2012 Fla. App. LEXIS 9170

District Court of Appeal of Florida | Filed: Jun 6, 2012 | Docket: 60308132

Cited 1 times | Published

attorney’s fee provision, which by virtue of section 59.46, Florida Statutes, includes appellate attorney’s

Vick v. Vick

993 So. 2d 1135, 2008 WL 4753755

District Court of Appeal of Florida | Filed: Oct 31, 2008 | Docket: 1383236

Cited 1 times | Published

Fla. Stat. (2007); § 57.041, Fla. Stat. (2007); § 59.46, Fla. Stat. (2007). Accordingly, we reverse and

Heilman v. Repp

768 So. 2d 1144, 2000 WL 1225950

District Court of Appeal of Florida | Filed: Aug 30, 2000 | Docket: 526822

Cited 1 times | Published

appellees' motion for appellate attorney's fees. See § 59.46, Fla. Stat. (1999); Katz v. Van Der Noord, 546

Walker v. Senn

376 So. 2d 410

District Court of Appeal of Florida | Filed: Oct 19, 1979 | Docket: 1411533

Cited 1 times | Published

in this case since it predated enactment of Section 59.46, Florida Statutes (1977). It is true that case

FLA. GLASS & MIRROR CO. v. Economy King Equipment Co.

353 So. 2d 596, 1977 Fla. App. LEXIS 16858

District Court of Appeal of Florida | Filed: Dec 13, 1977 | Docket: 1360113

Cited 1 times | Published

Legislature has enacted an amended version of Section 59.46, Florida Statutes, which took effect on October

Georgetown Community Association, Inc. v. Steve Elie

District Court of Appeal of Florida | Filed: Aug 27, 2025 | Docket: 71209493

Published

So. 3d 1163 (Fla. 4th DCA 2011). Fla. Stat. § 59.46 includes a payment of attorney’s fees to the

C & F Berry Farms, LLC v. William Chandler and Audra Chandler

District Court of Appeal of Florida | Filed: Jul 12, 2024 | Docket: 68938152

Published

from the non-prevailing parties.” Further, section 59.46, Florida Statutes (2021), provides:

Brinda Coates, etc. v. R.J. Reynolds Tobacco Company

Supreme Court of Florida | Filed: Jun 15, 2023 | Docket: 67503283

Published

include a prevailing-party requirement. Compare § 59.46, Fla. Stat. (2022) (“[A]ny provision of a statute

MARGARET GREGOIRE and LESLY GREGOIRE v. CITIZENS PROPERTY INSURANCE CORP.

District Court of Appeal of Florida | Filed: Sep 15, 2021 | Docket: 60385586

Published

paragraphs 4 and 5 of the release and also citing to section 59.46, Florida Statutes (2019). We deny the motion

Jarrette Bay Investments Corp. v. BankUnited, N.A.

207 So. 3d 345, 2016 Fla. App. LEXIS 17681

District Court of Appeal of Florida | Filed: Nov 30, 2016 | Docket: 4546366

Published

sections 57.105 and *347 59.46. Section 59.46 reads, in relevant part, as follows: Attorney’s

Villa Lyan, Inc. v. Perez

159 So. 3d 940, 2015 Fla. App. LEXIS 3426, 2015 WL 1044346

District Court of Appeal of Florida | Filed: Mar 11, 2015 | Docket: 2640558

Published

Florida Statutes (2012), 3 and section 59.46, Florida Statutes (2010), 4 the order

Parris v. Cummins Power South

118 So. 3d 967, 2013 Fla. App. LEXIS 12596, 2013 WL 4080773

District Court of Appeal of Florida | Filed: Aug 13, 2013 | Docket: 60233511

Published

unfair and deceptive trade practices statute, section 59.46, Florida Statutes, the imposition of fees under

Braxton v. Grabowski

125 So. 3d 936, 2013 WL 2278017, 2013 Fla. App. LEXIS 8352

District Court of Appeal of Florida | Filed: May 24, 2013 | Docket: 60236127

Published

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

Pardo v. Goldberg

92 So. 3d 295, 2012 WL 2913191, 2012 Fla. App. LEXIS 11518

District Court of Appeal of Florida | Filed: Jul 18, 2012 | Docket: 60310206

Published

that this Court overlooked the provisions of section 59.46, Florida Statutes (2011),1 in denying her motion

M.J.I. v. A.J.K.

55 So. 3d 732

District Court of Appeal of Florida | Filed: Mar 9, 2011 | Docket: 60298445

Published

prevailing party and, thus, the provision in section 59.46, Florida Statutes (2008), interpreting statutes

Mji v. Ajk

55 So. 3d 732, 2011 Fla. App. LEXIS 3090, 2011 WL 801969

District Court of Appeal of Florida | Filed: Mar 9, 2011 | Docket: 2586359

Published

prevailing party and, thus, the provision in section 59.46, Florida Statutes (2008), interpreting statutes

Gilleland v. Miller

829 So. 2d 997, 2002 Fla. App. LEXIS 16891, 2002 WL 31507071

District Court of Appeal of Florida | Filed: Nov 13, 2002 | Docket: 64818795

Published

448.08, Florida Statutes (2001). See also id. § 59.46. Reversed.* We need not address Ms. Gilleland’s

Fireman's Fund Insurance Company v. In Any Event

254 F.3d 987

Court of Appeals for the Eleventh Circuit | Filed: Jun 19, 2001 | Docket: 396771

Published

with the instant appeal pursuant to Fla. Stat. § 59.46. Following the district court's decision

Walton Regional Hospital v. Yell

744 So. 2d 1153, 1999 Fla. App. LEXIS 14315, 1999 WL 979457

District Court of Appeal of Florida | Filed: Oct 29, 1999 | Docket: 64792207

Published

207(7)©, Florida Statutes (1993). We disagree. Section 59.46, Florida Statutes (1993), provides: In the absence

Kahn v. Villas at Eagles Point Condominium Ass'n

693 So. 2d 1029, 1997 Fla. App. LEXIS 5149, 1997 WL 244252

District Court of Appeal of Florida | Filed: May 14, 1997 | Docket: 64773771

Published

entitled to appellate attorneys’ fees because section 59.46, Florida Statutes (1993), extends section 718

Litzinger v. Johnson

681 So. 2d 864, 1996 Fla. App. LEXIS 10899, 1996 WL 596155

District Court of Appeal of Florida | Filed: Oct 18, 1996 | Docket: 64768456

Published

reasonable attorney’s fees for this appeal. See § 59.46, Fla. Stat. (1995). REVERSED and REMANDED, with

STATE, DLES v. Jones

660 So. 2d 282, 1995 WL 307154

District Court of Appeal of Florida | Filed: Aug 21, 1995 | Docket: 1755806

Published

District Court of Appeal. To the extent that section 59.46, Florida Statutes, may be read in connection

Autilio v. Bowden

636 So. 2d 182, 1994 Fla. App. LEXIS 3912, 1994 WL 157484

District Court of Appeal of Florida | Filed: Apr 29, 1994 | Docket: 64748155

Published

prevailing party pursuant to the statute. See § 59.46, Fla. Stat. (1991). We remand to the trial court

Crews v. Crews

629 So. 2d 1094, 1994 Fla. App. LEXIS 72, 1994 WL 7690

District Court of Appeal of Florida | Filed: Jan 14, 1994 | Docket: 64745438

Published

Appellant is entitled to appellate fees and costs. See § 59.46, Fla.Stat. (1991). The trial court shall determine

Luskin v. Luskin

616 So. 2d 559, 1993 Fla. App. LEXIS 3842, 1993 WL 98670

District Court of Appeal of Florida | Filed: Mar 31, 1993 | Docket: 64695392

Published

fees in accordance with section 56.29(11), and section 59.46, Florida Statutes (1989). The cause is remanded

Duffy v. Brooker

614 So. 2d 546, 1993 Fla. App. LEXIS 4757, 1993 WL 64489

District Court of Appeal of Florida | Filed: Mar 10, 1993 | Docket: 64694588

Published

reasonable investigation.” She also contends that section 59.46 is “non-discretionary and would appear to require

Stankee Development Corp. v. Citicorp Savings of Florida

526 So. 2d 90, 12 Fla. L. Weekly 2527, 1987 Fla. App. LEXIS 10815, 1987 WL 1167

District Court of Appeal of Florida | Filed: Nov 4, 1987 | Docket: 64635190

Published

thought to be implicitly required, to activate section 59.46, Florida Statutes (1985). Palm Beach Management

Palm Beach Management Corp. v. DeWoody & Co.

497 So. 2d 1298, 11 Fla. L. Weekly 2431, 1986 Fla. App. LEXIS 10666

District Court of Appeal of Florida | Filed: Nov 19, 1986 | Docket: 64623226

Published

attorney’s fee would not have been recoverable. Section 59.46, Florida Statutes (1985), provides: In the absence

Vantage Broadcasting Co. v. Wint Radio, Inc.

496 So. 2d 969, 11 Fla. L. Weekly 2298, 1986 Fla. App. LEXIS 10421

District Court of Appeal of Florida | Filed: Oct 31, 1986 | Docket: 64622646

Published

contracts entered into after October 1, 1977, Section 59.46, Florida Statutes, by allowing the payment of

Boca Mara Properties, Inc. v. International Dairy Queen, Inc.

732 F.2d 1550

Court of Appeals for the Eleventh Circuit | Filed: May 29, 1984 | Docket: 66197264

Published

attorney’s fees on this appeal. Fla.Stat.Ann. § 59.46(1) provides that “a statute ... providing for payment

Quinlivan v. United Business Investments, Inc.

420 So. 2d 329, 1982 Fla. App. LEXIS 21182

District Court of Appeal of Florida | Filed: Sep 22, 1982 | Docket: 64592507

Published

REMANDED. DAUKSCH and SHARP, JJ., concur. . See § 59.46, Fla.Stat. (1981). . See §§ 57.041 and 57.071

Douglas v. G.E.E.N. Corp.

415 So. 2d 130, 1982 Fla. App. LEXIS 20292

District Court of Appeal of Florida | Filed: Jun 16, 1982 | Docket: 64590564

Published

does not affect entitlement to fees on appeal. Section 59.46(2), Florida Statutes (1981), directs that claims

Hargitay v. Pipes

415 So. 2d 753, 1982 Fla. App. LEXIS 29032

District Court of Appeal of Florida | Filed: May 18, 1982 | Docket: 64590677

Published

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

Hargitay v. Pipes

415 So. 2d 753, 1982 Fla. App. LEXIS 29032

District Court of Appeal of Florida | Filed: May 18, 1982 | Docket: 64590677

Published

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

Acevedo v. Ampco Products Co.

407 So. 2d 376, 1981 Fla. App. LEXIS 21982

District Court of Appeal of Florida | Filed: Dec 18, 1981 | Docket: 64586799

Published

potentially Section 440.34(2)(b) together with Section 59.46, Florida Statutes, see Ship Shape v. Taylor

Jones v. K & L Contractors

392 So. 2d 375, 1981 Fla. App. LEXIS 18871

District Court of Appeal of Florida | Filed: Jan 16, 1981 | Docket: 64579612

Published

this appeal, such assessment is authorized by Section 59.46, Fla. Stat. (1979). Appellees are directed to

Peters v. Collision Clinics International Inc.

404 So. 2d 116, 1981 Fla. App. LEXIS 18619

District Court of Appeal of Florida | Filed: Jan 14, 1981 | Docket: 64585212

Published

of attorney’s fees to the prevailing party. Section 59.46, Florida Statutes (1979), makes the provision

Hart Land & Cattle Co. v. Outdoor Promotions, Inc.

382 So. 2d 26

District Court of Appeal of Florida | Filed: Jun 15, 1979 | Docket: 64575443

Published

into before October 1, 1977, the provisions of Section 59.46(1), Florida Statutes, do not apply. Under the

Frank v. Land Services, Inc.

360 So. 2d 1304, 1978 Fla. App. LEXIS 16051

District Court of Appeal of Florida | Filed: Jul 26, 1978 | Docket: 64565494

Published

A. C. J., and DANAHY, J., concur. . While Section 59.46, Fla.Stat. (1977) now provides for attorney’s

Truckdrivers, Warehousemen & Helpers, Local No. 512 v. Cadle

360 So. 2d 435, 1978 Fla. App. LEXIS 16239

District Court of Appeal of Florida | Filed: Jun 16, 1978 | Docket: 64565240

Published

this appeal is granted. (See F.S. 447.17 and F.S. 59.46.) We therefore remand to the trial court for

Truckdrivers, Warehousemen & Helpers, Local No. 512 v. Cadle

360 So. 2d 435, 1978 Fla. App. LEXIS 16239

District Court of Appeal of Florida | Filed: Jun 16, 1978 | Docket: 64565240

Published

this appeal is granted. (See F.S. 447.17 and F.S. 59.46.) We therefore remand to the trial court for