Florida Statutes
Fla. Stat. § 448.104 (2025)
Attorney’s fees and costs.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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448.104 Attorney’s fees and costs.—A court may award reasonable attorney’s fees, court costs, and expenses to the prevailing party.
Notes of Decisions
Cited in 18
cases (2 in the last 5 years), 1994–2023 · leading case: Smith v. Psychiatric Solutions, Inc., 864 F. Supp. 2d 1241 (N.D. Fla. 2012).
Smith v. Psychiatric Solutions, Inc., 864 F. Supp. 2d 1241 (N.D. Fla. 2012). “156), is GRANTED in part and DENIED in part, as follows: The motion is GRANTED with respect to the request for fees pursuant to Fla. Stat. § 448.104 and DENIED with respect to the request for sanctions pursuant to 28 U.”
Golden v. Dodge-Markham Co., Inc., 1 F. Supp. 2d 1360 (M.D. Fla. 1998). “However, in the ad damnum clause, Plaintiff requested that the state court award him damages which included: compensation for lost wages, benefits and other remunerations; 2 prejudgment interest on all monetary awards; attorney’s fees, court costs and expenses pursuant to…”
Leslie Smith v. Psychiatric Solutions, Inc., 750 F.3d 1253 (11th Cir. 2014). “Fla. Stat. § 448.104 . Smith argues that this demonstrates a conflict between the two statutes, such that Sarbanes-Oxley’s fee regime preempts the FWA’s.”
New World Commc'n of Tampa, Inc. v. Akre, 866 So. 2d 1231 (Fla. 2d DCA 2003). “The final judgment was entered pursuant to a jury verdict awarding Akre 5,000 in damages.”
Arrow Air, Inc. v. Walsh, 645 So. 2d 422 (Fla. 1994). “Section 448.104, Florida Statutes (1993), provides for attorney's fees to be awarded to the prevailing party.”
HCA Health Servs. of Florida v. Hillman, 906 So. 2d 1094 (Fla. 2d DCA 2004). “[1] In the consolidated case, Blake appeals the final judgment that awarded attorney's fees and costs to the Plaintiffs as prevailing parties pursuant to section 448.104, Florida Statutes (2001).”
HCA Health Servs. of Florida, Inc. v. Hillman, 870 So. 2d 104 (Fla. 2d DCA 2003). “Pursuant to section 448.104, Florida Statutes (1997), the judgment entered in favor of the Respondents also determined that they were entitled to attorney's fees.”
Snow v. Ruden, McClosky, Smith, Schuster, 896 So. 2d 787 (Fla. 2d DCA 2005). “Thus, it cannot be said that the Bar rules are either laws, rules, or regulations as defined in section 448.104, despite their designation as "rules.”
Robert Barnhart v. The Lamar Co., LLC, 523 F. App'x 635 (11th Cir. 2013). “The motion also sought, in the alternative, an award of fees against Barn-hart personally under Fla. Stat. § 448.104 . Lamar contends that the cost of defense exceeded 0,000.”
Rehman v. ECC Intern. Corp., 698 So. 2d 921 (Fla. 5th DCA 1997). “The court later awarded attorney's fees to ECC under section 448.104. [1] On appeal, Rehman argues that it was unfair to apply the Whistle-blower's Act to the defendants to award them attorney's fees while at the same time holding that the statute could not be retroactively…”
Hernandez v. Publix Super Markets, Inc., 11 F. Supp. 3d 1177 (S.D. Fla. 2014). “Count I alleges Publix violated the Florida "Whistleblower Act (“FWA”), Florida Statute section 448.104. (See id. 11-12). Count II alleges tortious interference with advantageous business relationship against Cendoya.”
Cray v. NationsBank of North Carolina, N.A., 982 F. Supp. 850 (M.D. Fla. 1997). “The statute provides: Unless otherwise provided in the agreement or provision for arbitration, the arbitrators’ and umpire’s expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of arbitration, shall be paid as provided in the…”
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