The 2024 Florida Statutes
|
||||||
|
. . . First, they contend the award of fees was pursuant to the FDUTPA fee-shifting provision, section 501.2105 . . .
. . . The alternative request for fees under section 501.2105 of the Florida Statutes is moot. . . .
. . . within his motion to dismiss, also seeks attorneys' fees under Florida statute sections 627.428 and 501.2105 . . .
. . . . § 501.2105(1) ("In any civil litigation resulting from [a deceptive and unfair trade practice] involving . . .
. . . . § 501.2105 ; see also Democratic Republic of Congo v. . . .
. . . . § 501.2105(1). . . . See id. § 501.2105(2). . . . Stat. § 501.2105(2). . . .
. . . trial court where both parties moved for prevailing party attorney’s fees pursuant to FDUTPA sections 501.2105 . . . [was] almost entirely contingent other than the initial $2,000.00 retainer” and that under sections 501.2105 . . . Section 501.2105 provides, in pertinent part: (1) In any civil litigation resulting from an act or practice . . . plus a reasonable legal fee for the hours actually spent on the case as sworn to in an affidavit. § 501.2105 . . . That the trial court awarded fees in this case against Safeco under section 501.2105 as opposed to section . . .
. . . recover its attorney's fees from the Appellants on Count V, its FDUTPA claim, in accordance with section 501.2105 . . .
. . . Since FDUPTA entitles the prevailing party to recover its fees, see § 501.2105, Fla. . . .
. . . . § 501.2105. The Court reserves judgment on this request. . . .
. . . of turnover in the amount of $123,695.92, reasonable attorneys’ fees, and costs pursuant to Section 501.2105 . . .
. . . Section 559.77 governs fee entitlement under the FCCPA and section 501.2105 controls fee entitlement . . . in their favor Section 501.2105(1) provides: In any civil litigation resulting from an act or practice . . . In construing section 501.2105(1), Hein-del has read the statute’s reference to a “judgment” in “civil . . . Ultimately, the first district found- that neither party was entitled to fees under section 501.2105 . . . Under the Heindel application of section 501.2105, the defendants in this case are not entitled to a . . .
. . . Stat, § 501.2105, and there may be more, More importantly, while Cardizem outlined a method of including . . .
. . . part, such consumer may recover actual damages, plus attorney’s fees and court costs as provided in s. 501.2105 . . . part, such person may recover actual damages, plus attorney’s fees and court costs as provided in s. 501.2105 . . .
. . . part, such consumer may recover actual damages, plus attorney’s fees and court costs as provided in s. 501.2105 . . . part, such person may recover actual damages, plus attorney’s fees and court costs as provided in s. 501.2105 . . .
. . . . § 501.2105(1). . . . “To recover attorney’s fees, subsection 501.2105(2) provides that the attorney for the prevailing party . . . “Subsection 501.2105(3) permits an award of attorney’s fees for the hours actually expended on a civil . . . Stat. § 501.2105(1)-(4). . . . . Stat. § 501.2105. . . . .
. . . part, such person may recover actual damages, plus attorney’s fees and court costs as provided in s. 501.2105 . . .
. . . . § 501.2105(1). Courts have discretion to award fees under FDUPTA. . . .
. . . part, such consumer may recover actual damages, plus attorney’s fees and court costs as provided in s. 501.2105 . . . part, such person may recover actual damages, plus attorney’s fees and court costs as provided in s. 501.2105 . . .
. . . . §§ 817.41(6) and 501.2105. . . .
. . . ’s Fees The buyers have moved for an award of reasonable attorney’s fees in accordance with section 501.2105 . . . See § 501.2105(1), Fla. . . . We disagree with the buyers, in part, and determine that section 501.2105 of the FDUTPA, is not a valid . . .
. . . injunctive and declaratory relief), § 501.211(2) (actual damages and attorney’s fees and court costs), § 501.2105 . . . part, such person may recover actual damages, plus attorney's fees and court costs as provided in s. 501.2105 . . .
. . . . § 501.2105, Fla. Stat. (2007). . For example, over 100 hours of Ms. . . .
. . . We agree with the trial court that, by filing its motion seeking attorney’s fees under section 501.2105 . . .
. . . So.2d 966, 972 (Fla. 4th DCA 2007) (holding award of attorney’s fees was discretionary under section 501.2105 . . .
. . . . § 501.2105. The reader is referred to our previous certification opinion, Horowitch v. . . . Stat. § 501.2105(2) ("The attorney for the prevailing party shall submit a sworn affidavit of his or . . .
. . . . § 501.2105 ENTITLE A PREVAILING DEFENDANT TO AN ATTORNEY’S FEE AWARD IN A CASE IN WHICH A PLAINTIFF . . . STAT. § 501.2105 APPLIES UNDER THE CIRCUMSTANCES DESCRIBED IN THE PREVIOUS QUESTION, DOES IT APPLY ONLY . . . Pursuant to the plain language of section 501.2105(1), the attorney’s fees provision applies to “any . . . See § 501.2105(2). . . . See § 501.2105(3). . . .
. . . trial court noted in its order that JMA’s FDUTPA fee claim was not yet ripe as the fee statute, section 501.2105 . . .
. . . . § 501.2105(1). . . . .
. . . . § 501.2105(1). . . . .
. . . . § 501.2105. . . . Stat. § 501.2105(1). . . . STAT. § 501.2105 ENTITLE A PREVAILING DEFENDANT TO AN ATTORNEY’S FEE AWARD IN A CASE IN WHICH A PLAINTIFF . . . STAT. § 501.2105 APPLIES UNDER THE CIRCUMSTANCES DESCRIBED IN THE PREVIOUS QUESTION, DOES IT APPLY ONLY . . .
. . . such person shall recover actual damages, plus attorney’s fees and court costs as provided in Section 501.2105 . . .
. . . See also § 501.2105(1) (providing that, “[i]n any civil litigation resulting from an act or practice . . . any, may receive his or her reasonable attorney's fees and costs from the nonprevailing party”); § 501.2105 . . .
. . . . § 501.2105. . . .
. . . Equal Employment Opportunity Commission, 484 U.S. 412, 98 S.Ct. 694, 54 L.Ed.2d 648 (1978) ] to section 501.2105 . . .
. . . . § 501.2105; Humane Soc’y of Broward Cnty., Inc. v. Fla. . . . Stat. § 501.2105(1) (“In any civil litigation resulting from an act or practice involving a violation . . .
. . . Section 501.2105(1) requires a final judgment and exhaustion of appeals. . . . Section 501.2105(1) of Florida’s Deceptive and Unfair Trade Procedure Act attorney’s fee provision provides . . . if any, may receive his or her reasonable attorney’s fees and costs from the nonprevailing party. § 501.2105 . . . Black Diamond sought fees and costs pursuant to sections 817.41(6) and 501.2105(1) of the Florida Statutes . . . However, section 501.2105(1) also requires that there be an entry of judgment before attorney’s fees . . .
. . . agreement between BCS and Advantage Trading Group, Inc., NAC’s predecessor (“Agreement”), (2) Section 501.2105 . . . Pursuant to FDUTPA The Magistrate denied Goble’s request for attorneys’ fees under FDUTPA pursuant to § 501.2105 . . . valid objection to the Magistrate’s recommendation to award no attorneys’ fees pursuant to Section 501.2105 . . . Stat. § 501.2105). . . .
. . . . § 501.2105(1). . . . Stat. § 501.2105, the Florida court severed the arbitration clause’s bar on attorney’s fees, while upholding . . . Stat. § 501.2105, applies, which permits recovery of attorney’s fees and costs of any reasonable amount . . . Stat. § 501.2105(1), is not a sufficient incentive for an attorney to take that claim. . . . Stat. § 501.2105(1) provides: “In any civil litigation resulting from an act or practice involving a . . .
. . . such person shall recover actual damages, plus attorney’s fees and court costs as provided in Section 501.2105 . . .
. . . part, such person may recover actual damages, plus attorney’s fees and court costs as provided in s. 501.2105 . . .
. . . . §§ 501.211, 501.2105; Smith v. 2001 S. Dixie Highway, Inc., 872 So.2d 992, (Fla. 4th DCA 2004). . . .
. . . . § 501.2105(1), 28 U.S.C. § 1927, and Fed.R.Civ.P. 54(d)(1). . . .
. . . FDUTPA The defendant seeks fees under § 501.2105 of FDUTPA. . . .
. . . Section 501.2105, Florida Statutes (2005), provides, in relevant part, that "[i]n any civil litigation . . . party ... may receive his or her reasonable attorney’s fees and costs from the nonprevailing party.” § 501.2105 . . .
. . . Section 501.2105(1), Florida Statutes (2003) provides for prevailing party attorney’s fees: In any civil . . . After a hearing, the court awarded $170,609.30 for attorney’s fees under section 501.2105(1), reducing . . . The language of section 501.2105 takes a broad view of compensable attorney time on a case involving . . . Section 501.2105(2) requires that the prevailing party’s attorney submit an affidavit of “time spent . . . Similarly, section 501.2105(3) allows a trial judge to award a “legal fee” for hours “actually spent . . .
. . . part, such person may recover actual damages, plus attorney’s fees and court costs as provided in s. 501.2105 . . .
. . . See § 501.2105, Fla. Stat.; Andrews v. . . .
. . . . §§ 501.2105 & 501.211 AAHF also requests attorneys’ fees and expenses under FDUTPA, Fla. . . . . §§ 501.2105 & 501.211. . . . Stat. § 501.2105(1). . . . The words “may receive” and “may recover” attorney’s fees and costs in §§ 501.2105(1) and 501.211(2) . . . See § 501.2105(2) (“shall submit”); § 501.2105(4) (“shall become”); see also Canup v. . . .
. . . of prevailing party attorney’s fees to The Florida Humane Society (“Florida Humane”), under section 501.2105 . . . Florida Humane timely filed a motion to tax costs and attorney’s fees under section 501.2105, Florida . . . Section 501.2105(1) contains no comparable language limiting a fee award to a prevailing defendant. . . . The plain meaning of section 501.2105(1) admits of only one interpretation, that the legislature gave . . . Florida law requires us to apply the plain meaning of section 501.2105(1). . . .
. . . . § 501.2105(1). . . .
. . . part, such person may recover actual damages, plus attorney’s fees and court costs as provided in s. 501.2105 . . . See § 501.2105, Fla. Stat. (FDUTPA); § 817.41(6), Fla. Stat. . . .
. . . See § 501.2105, Fla. Stat. (FDUTPA); § 817.41(6), Fla. Stat. . . .
. . . . § 501.2105. . . . Airflo is the prevailing party and, accordingly, is entitled to attorney’s fees pursuant to section 501.2105 . . .
. . . . § 501.2105 provides for the discretionary award of attorneys’ fees and costs to the party prevailing . . . Stat. § 501.2105 states in relevant part: (1) In any civil litigation resulting from an act or practice . . . Stat. § 501.2105 would be tantamount to awarding them attorneys’ fees under the Sherman Act, or the Florida . . . The Legislature amended § 501.2105 in 1994 to place an award of such fees and costs within the discretion . . .
. . . court as to liability, AAHF’s entitlement to attorney’s fees is established under Florida Statute § 501.2105 . . . Florida Statute Section 501.2105, part of the Florida Unfair and Deceptive Trade Practices Act, provides . . . Stat. § 501.2105(1) (emphasis added). . . . Stat. § 501.2105 (2, 3, & 4). . . . Although AAHF may not be entitled to fees under § 57.105, it is certainly entitled to them under § 501.2105 . . .
. . . . § 501.2105, Fla. Stat. . . .
. . . part, such consumer may recover actual damages, plus attorney’s fees and court costs as provided in s 501.2105 . . . part, such person may recover actual damages, plus attorney’s fees and court costs as provided in s. 501.2105 . . .
. . . part, such person may recover actual damages, plus attorney’s fees and court costs as provided in s. 501.2105 . . . Section 501.2105 entitled “Attorney’s Fees,” provides in pertinent part: (1) In any civil litigation . . . The court then explained that section 501.2105 provides for prevailing party attorney’s fees for FDUTPA . . . However, it frustrates the purpose behind sections • 501.211 and 501.2105 by obligating:the/purchaser . . .
. . . . § 501.2105, Florida Statutes. Parker Tampa Two is accordingly not controlling, and we affirm. . . .
. . . Section 501.2105 provides for prevailing party attorney’s fees for FDUTPA violations, sections 520.12 . . .
. . . ; 501.2077(2) (providing the same for violations involving senior citizens or handicapped persons); 501.2105 . . .
. . . party to whom the award was made failed to plead the statute under which the award was made (section 501.2105 . . .
. . . part, such person may recover actual damages, plus attorney’s fees and court costs as provided in s. 501.2105 . . .
. . . Potamkin Dodge, 455 So.2d 398 (Fla. 3d DCA 1984), in which the court interpreted section 501.2105(l)- . . .
. . . 9, 1998, this court also ordered that GMAC was entitled to an award of appellate fees under section 501.2105 . . . Laesser suggests, however, that section 501.2105 was intended to provide for an award of attorney’s fees . . . After Laesser's cause of action arose, the legislature amended section 501.2105 to place an award of . . .
. . . part, such consumer may recover actual damages, plus attorney’s fees and court costs as provided in s. 501.2105 . . .
. . . The trial court granted attorney’s fees pursuant to section 501.2105, Florida Statutes (1995). . . . question presented is whether attorney’s fees may be recovered by the prevailing party pursuant to section 501.2105 . . . inappropriate where “the primary statute relied upon ... for recovery of attorney’s fees is section 501.2105 . . . multiplier should not have been applied in this case where the award of attorney’s fees was based on section 501.2105 . . .
. . . her punitive damages and awarding attorney’s fees to defendant as the prevailing party under section 501.2105 . . . Section 501.2105, Florida Statutes (1997), provides, in pertinent part: “ (1) In any civil litigation . . . the order declaring defendant to be the prevailing party entitled to attorney’s fees under section 501.2105 . . .
. . . ANALYSIS OF SECTION 320.27(10) AND SECTION 501.2105 A. . . . Section 501.2105(4), Florida Statutes, provides, “Any award of attorney’s fees or costs shall become . . . Based on the plain language of sections 320.27(10) and 501.2105, several matters are clear. . . . See Ch. 94-298, § 4, at 2064, Laws of Fla.; see also § 501.2105, Fla. Stat. (Supp. 1994). . . . See § 501.2105(4), Fla. Stat. (1999). . . . . Section 501.2105, Florida Statutes (1997), a part of FDUTPA, provides for attorney’s fees for the prevailing . . .
. . . . § 501.2105; Fla. Stat. § 817.41. . . . Stat. § 501.2105(1), authorizing an award of attorney fees to “the prevailing party” in an action based . . . Stat. § 501.2105(1) (authorizing fee award for “prevailing party”); Fla. . . . Appeals for the Fourth District noted that “the obvious purpose of the ‘Little FTC Act’ [which includes § 501.2105 . . .
. . . such individual may recover actual damages, plus attorney's fees and court costs as provided in -s. 501.2105 . . .
. . . most, no more than $3,000 under the Florida Deceptive and Unfair Trade Practice Statute Act, section 501.2105 . . .
. . . Count II sought damages and attorney’s fees under section 501.2105, Florida Statutes and Count III sought . . . Attorney’s Fees claiming that appellant was barred from seeking statutory attorney’s fees under section 501.2105 . . . Arbitrator was without authority to deny her claim for attorney’s fees available pursuant to statutes 501.2105 . . . in her arbitration claim pursuant to the Florida Deceptive and Unfair Trade Practices Act, section 501.2105 . . . Section 501.2105(1), Florida Statutes (1997) provides that ”[i]n any civil litigation resulting from . . .
. . . award of attorneys’ fees under Florida’s Deceptive and Unfair Trade Practices Act, Florida Statutes § 501.2105 . . .
. . . part, such consumer may recover actual damages, plus attorney’s fees and court costs as provided in s.501.2105 . . .
. . . Florida Statutes (frivolous litigation), but the trial court awarded attorney’s fees pursuant to section 501.2105 . . .
. . . IV.Motion for Attorney’s Fees Defendants seek attorney’s fees pursuant to § 501.2105(1) of UDTPA, which . . . Stat. § 501.2105(1); Heindel v. . . . prevails in a motion to dismiss based on lack of standing is a "prevailing party” for the purposes of § 501.2105 . . .
. . . part, such consumer may recover actual damages, plus attorney’s fees and court costs as provided in s. 501.2105 . . .
. . . entitlement to damages pursuant to section 501.211, plus attorney’s fees and court costs under section 501.2105 . . . litigation brought under the FDUTPA was entitled to receive reasonable attorney’s fees and costs. § 501.2105 . . . ); § 2, at 207-209 (amending § 501.203); § 3, at 209 (amending § 501.204); § 11, at 212 (amending § 501.2105 . . .
. . . The trial court erred in denying appellant’s claim for attorney’s fees under section 501.2105(1), Florida . . .
. . . Jacksonville Area Legal Aid, Inc. is entitled to recover attorney’s fees and costs pursuant to §§ 501.211, 501.2105 . . .
. . . See id. at § 501.2105. . . . Ameron Homes, Inc., 903 F.2d 1486, 1494 (11th Cir.1990); Fla.Stat. § 501.2105. . . . Fla.Stat. § 501.2105. . . . Section 501.2105(1) allows the recovery of attorney’s fees by the prevailing party, “after judgment in . . . Fla.Stat. § 501.2105(2) & (3); B & L Motors, Inc. v. . . .
. . . On April 5, 1991, Alamo moved for attorney’s fees and costs pursuant to section 501.2105 of the Florida . . .
. . . an order denying attorney’s fees under the Florida Deceptive and Unfair Trade Practices Act, section 501.2105 . . . Section 501.2105(1), Florida Statutes (1991), states: In any civil litigation resulting from a consumer . . . Because a final judgment was entered against Feingold, appellant fs the prevailing party under section 501.2105 . . .
. . . Bignotti, 427 So.2d 1070 (Fla. 2d DCA 1983) (section 501.2105, Florida Statutes (1979), the "Little FTC . . .
. . . The trial court actually awarded attorney’s fees pursuant to section 501.2105. . . .
. . . Ingalsbe, P.A., the attorney for appellees, pursuant to section 501.2105, Florida Statutes (1989). . . . We agree because the primary statute relied upon herein for recovery of attorney’s fees is section 501.2105 . . . Section 501.2105, Florida Statutes (1989) provides for an award of attorney’s fees for the prevailing . . .
. . . , such individual may recover actual damages, plus attorneys fees and court costs as provided in s. 501.2105 . . .
. . . Florida Statutes Section 501.2105, entitled Attorney’s fees, reads in pertinent part: (1) In any civil . . . Under the cases interpreting § 501.2105, Volkswagen is entitled to all of its costs related to the defense . . .
. . . Section 501.2105(1), Fla. Stat. 5. Plaintiffs’ attorneys, Carolina A. Lombardi, Pete H. . . .
. . . Stat § 501.2105 (The Unfair and Deceptive Trade Practices Act). . . .
. . . This is an appeal from an order denying a motion for attorney’s fees under section 501.2105, Florida . . . The court therefore set aside the portion of the judgment awarding the fee based on section 501.2105. . . . court found that, under those circumstances, the defendant was not a prevailing party under section 501.2105 . . . Under these circumstances, appellant was a prevailing party under section 501.2105. . . . As to the allocation issue, section 501.2105(2) provides that the prevailing party shall submit a sworn . . .
. . . plaintiffs in the trial court, appeal an order denying their motion for attorney’s fees pursuant to section 501.2105 . . . Section 501.2105(1) of the Florida Deceptive and Unfair Trade Practices Act provides: In any civil litigation . . . Act and, therefore, were entitled to attorney’s fees and costs under the plain language of section 501.2105 . . . The issue in Heindel was whether the defendant was entitled to attorney’s fees under 501.2105 where the . . . Our holding in Heindel does not conflict with the plain language of section 501.2105(1) that a prevailing . . .
. . . permitting the payment of costs following an appeal, unlike the statute considered in Jeff coat —Section 501.2105 . . .
. . . Caplan’s contention that Sunrise — the dealer — cannot be a prevailing party as required by Section 501.2105 . . . Section 501.2105, Florida Statutes (1983), provides in pertinent part: “(1) In any civil litigation resulting . . .
. . . Since the attorney’s fees award was based on section 501.2105, Florida Statutes (1981) (the “Little FTC . . .
. . . .” § 501.2105. . . .
. . . .” § 501.2105(1)-(3), Fla.Stat. (1981) (emphasis supplied). . . .