Florida Statutes

Fla. Stat. § 448.08 (2025)

Attorney’s fees for successful litigants in actions for unpaid wages.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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448.08 Attorney’s fees for successful litigants in actions for unpaid wages.—The court may award to the prevailing party in an action for unpaid wages costs of the action and a reasonable attorney’s fee.

History.—s. 1, ch. 78-327.

Notes of Decisions

Cited in 139 cases (30 in the last 5 years), 1980–2026 · leading case: Ocean Club Cmty. Ass'n, Inc. v. Curtis, 935 So. 2d 513 (Fla. 3d DCA 2006).

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Ocean Club Cmty. Ass'n, Inc. v. Curtis, 935 So. 2d 513 (Fla. 3d DCA 2006). · cites it 13× “The trial court found that the plaintiff prevailed on the conversion claim, and that he was entitled to attorney's fees and costs pursuant to section 448.08, Florida Statutes (2004). [1] An evidentiary hearing was held to determine the amount of attorney's fees and costs.”

Dade Cnty. v. Pena, 664 So. 2d 959 (Fla. 1995). · cites it 11× “" § 448.08, Fla. Stat. (1985). A general rule of statutory construction in Florida is that courts should not depart from the plain and unambiguous language of the statute.”

Goodwin v. Blu Murray Ins. Agency, Inc., 939 So. 2d 1098 (Fla. 5th DCA 2006). · cites it 7× “Goodwin alleged an entitlement to attorney's fees in count one pursuant to section 448.08. He did not, however, seek attorney's fees under count two as an independent contractor.”

Josendis v. Wall to Wall Residence Repairs, Inc., 662 F.3d 1292 (11th Cir. 2011). · cites it 2× “On July 25, 2008, he brought this lawsuit against Wall to Wall, Acosta, and Lim (collectively “Wall to Wall”),11 seeking back wages, unpaid overtime, liquidated damages, prejudgment interest, attorney’s fees, and litigation expenses under the FLSA in Count I, and Fla. Stat. §…”

Bill Rivers Trailers, Inc. v. Miller, 489 So. 2d 1139 (Fla. 1st DCA 1986). · cites it 10× “Appellants BRT and BRC present four points for our review: (1) whether the trial court erred in awarding attorney's fees to Miller pursuant to Section 448.08, Florida Statutes; (2) whether the trial court erred in not awarding statutory attorney's fees to BRT on Count I; (3)…”

Ruffa v. Saftpay, Inc., 163 So. 3d 711 (Fla. 3d DCA 2015). · cites it 20× “” § 448.08 (emphasis added). Moreover, Ruffa’s motion seeking costs directly cited section 448.”

Tampa Bay Publications, Inc. v. Watkins, 549 So. 2d 745 (Fla. 2d DCA 1989). · cites it 11× “00 in attorney fees under section 448.08, Florida Statutes (1987), to Ginger Watkins in her lawsuit against Tampa Bay for unpaid wages.”

Gulf Solar, Inc. v. Westfall, 447 So. 2d 363 (Fla. 2d DCA 1984). · cites it 6× “Westfall sought attorney's fees pursuant to section 448.08, Florida Statutes (1981), which provides: "The court may award to the prevailing party in an action for unpaid wages costs of the action and a reasonable attorney's fee.”

Edwards v. Niles Sales & Serv., Inc., 439 F. Supp. 2d 1202 (S.D. Fla. 2006). · cites it 7× “, Fla. Stat. § 448.08 . In light of the amount of litigation which has taken place, those fees and costs could be considerable, despite the fact that the underlying claim is relatively small.”

Cassedy v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 751 So. 2d 143 (Fla. 1st DCA 2000). · cites it 7× “In a decision issued July 7, 1997, a panel of three arbitrators found Merrill Lynch liable and awarded Cassedy over 0,000 in compensatory damages and over 0,000 in attorney's fees pursuant to section 448.08, Florida Statutes. The panel denied Cassedy's requests for…”

Herbert H. Davis v. Nat'l Med. Enter., Inc., 253 F.3d 1314 (11th Cir. 1991). · cites it 5× “See Fla. Stat. § 448.08 (1997). 10 The question is whether it is reasonable to interpret Davis’ claim against NME as an action for unpaid wages within the purview of the statute.”

Paladyne Corp. v. Weindruch, 867 So. 2d 630 (Fla. 5th DCA 2011). · cites it 5× “Weindruch on the authority of Paragraph 17 of the contract between the parties, as well as section 448.08, Florida Statutes (2003). Paragraph 17 of the contract reads as follows: Attorney's Fees.”

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