Florida/Georgia Personal Injury & Workers Compensation

...Stat. (1983) (paternity determinations); § 376.313, Fla. Stat. (Supp. 1984) (pollution damage actions); § 119.12, Fla. Stat. (Supp. 1984) (Public Records Act enforcement); § 440.39(3)(a), Fla. Stat. (Supp. 1984) (workers' compensation actions); § 64.081, Fla....

...Summary Judgment was granted to appellee and this appeal ensued. Appellee had also moved for attorney's fees based on either the complete absence of a justiciable issue of law or fact, pursuant to Section 57.105, Florida Statutes (Supp. 1978), or appellee's success in defeating the partitioning, pursuant to Section 64.081, Florida Statutes (1967)....

...ight, the right to seek a partitioning of the property. Lambert v. Lambert, 403 So.2d 484 (Fla. 1st DCA 1981); Strollo v. Strollo, 365 So.2d 189 (Fla. 1st DCA 1978). Therefore, we reverse the summary judgment. Regarding the award of attorney's fees, Section 64.081, Florida Statutes, provides for an award of attorney's fees in a partitioning action, but it is improper to award fees pursuant to this statute in the absence of a partitioning....

...Nevertheless, we affirm on all of the other points raised. The record reflects that the court properly credited Biondo with his initial contributions to the property and followed appropriate procedures in connection with its award of attorney's fees pursuant to section 64.081, Florida Statutes (1997)....

...rental value of the property while occupied by the spouse and minor children, unless the court in the judgment of dissolution has specifically provided otherwise. The trial court ordered the husband to pay $750.00 towards the wife's attorney's fee. Section 64.081, Florida Statutes (1979)....

...h the terms of the joint venture agreement, and that a distribution of the proceeds thereafter be made to the parties in proportion to their interest pursuant to section 64.071, after the payment of all costs, attorney fees and taxes, as required by section 64.081. In allocating each party's share of costs and attorney fees under section 64.081, the trial court may take into its consideration the fee shifting provision appearing in paragraph eight of the joint venture agreement....

...There is no basis in this record for the allowance of an attorney's fee to the former husband in these combined proceedings. There was no partition; therefore, there is no statutory authority for an attorney's fee even if the court had proceeded under Fla. Stat. § 64.081....

...TWA. Such a sale would be identical to what TWA itself did when it sold its rights in the Air Florida Facility to Air Florida in 1980. Accordingly, Air Florida is entitled to sell its rights in the Air Florida Facility under 11 U.S.C. § 363(h) and Section 64.081 Florida Statutes....

...From the proceeds the court ordered first, payment of the first mortgage; second, the costs of sale; third, the amount owed to appellant; and fourth, the remainder to be divided between the parties. The court reserved jurisdiction to award costs and attorney's fees pursuant to section 64.081, Florida Statutes (1989)....

...nds that [Mr. Robinson] and [Ms. Barr] both prevailed on the partition counts, but not on the other counts, and that no attorneys’ fees and costs will be awarded.” III. DISCUSSION Mr. Robinson sought an award of attorney’s fees and costs under section 64.081, Florida Statutes (2009)....

...IY. CONCLUSION For the foregoing reasons, we reverse the order under review to the extent that it denied Mr. Robinson’s motion for attorney’s fees and costs. On remand, the trial court shall reconsider the motion in light of the requirements of section 64.081 and the considerations outlined in Adler v....

MILLS, Judge. After ordering partition of the parties’ marital home, the trial court entered an order which awarded attorney’s fees to the former husband pursuant to Section 64.081, Florida Statutes (1981), but which refused to award attorney’s fees to the former wife....

...of litigants to respond....’” Adler v. Schekter, 197 So.2d 46, 49 (Fla. 3d DCA 1967) (quoting Munroe v. Birdsey, 102 Fla. 544 , 136 So. 886, 887 (1931)). After a trial court establishes the amount of fees, a trial court is to award fees based on section 64.081, Florida Statutes, which governs fees in partition actions....

...In case of sale the court may order the costs and fees to be paid or *897 retained out of the moneys arising from the sale and due to the parties who ought to pay the same. All taxes, state, county, and municipal, due thereon at the time of the sale, shall be paid out of the purchase money. § 64.081, Fla....

...I write to point out that, in my opinion, the attorneys for both parties below led the trial court astray by either failing to discover and alert the trial court or, worse yet, ignoring that the partition statute has a provision addressing costs. Neither party brought to the trial court’s attention the provision of section 64.081, Florida Statutes (2018), which states: Every party shall be bound by the judgment to pay a share of the costs, including attorneys’ fees to plaintiff’s or defendant’s attorneys or to each of them commensurate...

...In case of sale the court may order the costs and fees to be paid or retained out of the moneys arising from the sale and due to the parties who ought to pay the same. All taxes, state, county, and municipal, due thereon at the time of the sale, shall be paid out of the purchase money. § 64.081, Fla....

...Similarly, on appeal the parties 8 failed to cite this statute in their briefs. However, my reading of the transcript reveals the trial judge intuitively understood that partition actions are unique. The case law interpreting section 64.081 makes clear that costs incurred by both parties in partition actions are to be paid in proportion to the party’s interest in the property, subject to adjustment based on equitable principles. See Robinson v. Barr, 133 So. 3d 599, 600 (Fla. 2d DCA 2014) (“The circumstance that both [parties] prevailed on their claims for partition, but not on their requests for additional relief is not a valid reason to disregard the command of [section 64.081]” to award costs in proportion to the party’s interest.); Diaz v....

...Union Title Ins. Co., 639 So. 2d 1004, 1006 (Fla. 3d DCA 1994) (awarding attorney’s fees for a separate probate proceeding as an award in the partition action because the prior probate proceeding was of benefit to the partition action). Because section 64.081 applies specifically to partition actions, that was the appropriate statute for the trial court to apply, not section 57.041(1)....

...rie were equitable in nature. As to the Declaratory Judgment action, section 86.081, Florida Statutes (2018) provides that “The court may award costs as are equitable.” As to the partition action, as noted in Judge Conner’s concurring opinion, section 64.081, Florida Statutes (2018) requires that 9 each party pay a proportionate share of costs as is equitable....

house sold for less than $50,000, contrary to section 64.081, Florida Statutes (1993). We agree. The effect

distinguished from costs and attorneys fees [Section 64.081, Florida Statutes]) is not presented here.

and Gloria Davis pursuant to Florida Statutes § 64.081 for reasonable attorney’s fees and costs for this

...d improvement of the property, so the court could make a determination of the parties’ respective interests in the proceeds of the sale and make an equitable distribution. Appellee also requested an award of attorney’s fees and costs pursuant to section 64.081, Florida Statutes (1987)....

...ered, the customary charges for like service, the amount involved, and the ability of litigants to respond.” Adler v. Schekter, 197 So.2d 46, 49 (Fla. 3d DCA 1967). Once the amounts of the attorneys’ fees have been established, the provisions of Section 64.081, Florida Statutes (1981), come into play: “Every party shall be bound by the judgment to pay a share of the costs, including attorneys’ fees to plaintiff’s or defendant’s attorneys or to each of them commensurate with their ser...

...The trial court awarded each party a 50% interest in the proceeds from the sale of the marital home. Following a motion by the husband, the trial court ordered the wife to pay 100% of the $9,232.35 in attorney’s fees and costs incurred by the husband in the partition action. The wife appealed this order. Section 64.081, Florida Statutes, instructs that in partition actions: Every party shall be bound by the judgment to pay a share of the costs, including attorneys’ fees to plaintiff’s or defendant’s attorneys or to each of th...

...Because the wife owns a 50% interest in the home, she should be required to pay only 50% of the husband’s attorney’s fees and costs incurred in partitioning the property. See Sherman v. Sherman, 44 Fla. L. Weekly D2391 (Fla. 4th DCA Sept. 25, 2019) (Conner, J., concurring) (“The case law interpreting section 64.081 makes clear that costs incurred by both parties in partition actions are to be paid in proportion to the party’s interest in the property, subject to adjustment based on equitable principles.”); see also Diaz v....

...2d 46, 50 (Fla. 3d DCA 1967). Although the statute notes that equitable principles also govern, the trial court failed to give any reasons for directing the wife to pay more than 50% of the attorney’s fees and costs. Based on the plain language of section 64.081, we reverse and remand for the trial court to enter an order directing the wife to pay 50% of the husband’s attorney’s fees and costs. Reversed and remanded with instructions. CONNER and KUNTZ, JJ., concur....

partitioning, no fees may be awarded under section 64.-081, Florida Statutes (1981). Cannon v. Morris

accordance with the interest he received. See § 64.081, Fla.Stat. (1993); Diaz v. Security Union Title

...ourt has yet to reduce her outstanding request for attorney’s fees to judgment. Observing that the court was not statutorily obligated to “order the costs and fees to be paid or retained out of the moneys arising from the sale,” we affirm. § 64.081, Fla....

...2007). ANALYSIS In Florida, partition is a statutory remedy controlled by chapter 64, Florida Statutes. See Garcia-Tunon v. Garcia-Tunon, 472 So. 2d 1378, 1379 (Fla. 2d DCA 1985). As relevant to this appeal, section 64.081, Florida Statutes, provides: 2 A panel of this court previously denied a stay request. 3  Every party shall be bound by the judgment to pay a share of the costs, including att...

...rendered and of benefit to the partition, to be determined on equitable principles in proportion to the party’s interest. The statute further provides that “the court may order the costs and fees to be paid or retained out of the moneys arising from the sale.” § 64.081, Fla. Stat....

...Because Diaz holds adversely, she is liable for payment of rent. See Barrow, 527 So.2d at 1377 . The next issue is whether attorneys’ fees may be awarded for actions prior to the partition proceeding which establish and protect title and interest in property. Section 64.081, Florida Statutes (1993) (emphasis added), provides: Every party shall be bound by the judgment to pay a share of the costs, including attorneys’ fees to plaintiffs or defendant’s attorneys or to each of them commensurate with thei...

...he property. Kealamakia v. Unknown Heirs of Kamoehalau, 68 Haw. 429 , 717 P.2d 516, 518 (1986); Buchanan Realty Corp. v. Looney, 201 Va. 432 , 111 S.E.2d 410, 416 (1959). These actions may therefore be deemed to be “of benefit to the partition.” § 64.081, Fla.Stat....

...are “of benefit to the partition.” Consequently, attorneys’ fees for both actions are also to be paid under the partition statute. Finally, attorneys’ fees in a partition action are to be paid “in proportion to [the party’s] interest.” § 64.081 Fla.Stat....

...This appeal followed. II. As to attorneys’ fees and costs, Appellant argues the trial court reversibly erred by failing to apportion to Appellee her proportionate share of Appellant’s attorneys’ fees and costs because section 64.081, Florida Statutes (2018), mandates that the trial court apportion attorneys’ fees and 1 Appellant raised her request for a share of attorney’s fees and costs in her Answer and Affirmative Defenses, pre-trial stipu...

...costs among the parties for each party’s counsel who performed work that was of benefit to the partition action. 2 A. Our analysis begins with chapter 64, Florida Statutes, which governs actions seeking partition of real property. Section 64.081, Florida Statutes, specifically addresses the apportionment of costs, including attorneys’ fees, amongst the parties to a partition action. Every party shall be bound by the judgment to pay a share of the c...

...or retained out of the moneys arising from the sale and due to the parties who ought to pay the same. All taxes, state, county, and municipal, due thereon at the time of the sale, shall be paid out of the purchase money. § 64.081, Fla....

...to Governor re Implementation of Amendment 4, the Voting Restoration Amend., 288 So. 3d 1070, 1078 (Fla. 2020) (quoting Joseph Story, Commentaries on the Constitution of the United States, 157–58 (1833)). B. Certainly, section 64.081 requires the trial court to enter a judgment that apportions among “every party” its share of costs, including attorneys’ fees, for legal services performed by “plaintiff’s counsel, defendant’s counsel or each of them” that are “of benefit to the partition[.]” See § 64.081, Fla. Stat. This statute, plainly, does not contemplate an award of fees based upon a 5 “prevailing party” theory. 3 See Whitson v. Advocate 3413, LLC, 351 So. 3d 174, 174 (Fla. 2d DCA 2022) (“Section 64.081 is not a prevailing party statute.”). Unlike other statutes that grant a statutory right to an award of attorneys’ fees, section 64.081 obligates the trial court to enter a judgment that binds all parties to share “the costs, including attorneys’ fees to plaintiff’s or defendant’s attorneys or to each of them commensurate with their services rendered and of benefit to the partition . . . .” § 64.081, Fla....

...parties, however, is within the discretion of the trial court. Fernandez-Fox v. Reyes, 79 So. 3d 895, 896 (Fla. 5th DCA 2012). Trial courts are to determine the amount of fees owed by each party upon “equitable principles in proportion to the party’s interest.” § 64.081, Fla....

...3d at 344 (internal quotations and citations omitted). Finding no fundamental error on the face of the trial court’s order, we must affirm. C. Further, Appellant’s argument before this Court that section 64.081 mandates a share of her attorneys’ fees and costs be apportioned to Appellee is different from her argument presented to the trial court....

...tion with the dissolution, and (b) does not foreclose the court from subsequently determining the share which each of the parties shall bear of the cost, including attorney’s fees, incurred in connection with the partition action, as authorized by Section 64.081, Florida Statutes (1981)....

...er’s remainder interest. The partition sale was set aside and the case was remanded for the imposition of attorneys fees for the remainderman’s attorney. On remand, the trial judge concluded that the attorneys fees were award *756 ed pursuant to Section 64.081, Florida Statutes (1987) and awarded $3,500. He then prorated the fee against the parties, including the remainderman, according to their interest in the property. This was error. Section 64.081 contemplates attorneys fees for effecting partition....

reasonable attorney’s fee to appellant pursuant to Section 64.081, Florida Statutes (1981). Reversed and remanded

...We affirm the trial court’s amended final summary judgment in all respects except for the allocation of attorney’s fees. During oral argument the parties agreed that the trial court’s allocation of attorney’s fees was in error and that the allocation should have been in accordance with section 64.081, Florida Statutes (2006)....

PER CURIAM. AFFIRMED. Northern Investment Corporation v. Coppock, 134 Fla. 168 , 183 So. 635 (1938). Both parties have petitioned for attorney’s fees. The petitions are granted, the amounts to be fixed by the trial court, pursuant to Section 64.081, Florida Statutes (1981), upon sale of the property....

...of survivorship, and created a tenancy in common as between Sandra and Paul. A tenancy in common may be subject to a partition action. § 64.031, Fla. Stat. Florida law provides that costs, including attorney’s fees, may be awarded in such action. § 64.081, Fla.Stat....

...$1,048.43 more than the expenses awarded in the initial final judgment. There is also nothing in the record to explain why the trial court omitted the MDC mobile cabinet and the Kavo I handpiece from the list of the partition of personalty. Finally, section 64.081, Florida Statutes (1985) provides: Every party shall be bound by the judgment to pay a share of the costs, including attorneys' fees to plaintiff's or defendant's attorneys or to each of them commensurate with their services rendered a...

...Appellees opposed the complaint for partition from the outset and counterclaimed for specific performance of an oral contract. We find ample evidence to support appellant's argument that the trial court erred in failing to award him fees in accordance with section 64.081....

of a written Final Judgment in this cause.” Section 64.081, Florida Statutes, relating to partition of