Florida Statutes

Fla. Stat. § 713.29 (2025)

Attorney fees.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

Find cases: SyfertCases citing this section FL-LEGleg.state.fl.us JustiaFla. Statutes CornellLII Search CasesGoogle Scholar

713.29 Attorney fees.—In any action brought to enforce a lien, including a lien that has been transferred to security, or to enforce a claim against a bond under this part, the prevailing party is entitled to recover a reasonable fee for the services of her or his attorney for trial and appeal or for arbitration, in an amount to be determined by the court, which fee must be taxed as part of the prevailing party’s costs, as allowed in equitable actions.

History.—s. 1, ch. 63-135; s. 35, ch. 67-254; s. 11, ch. 77-353; s. 14, ch. 90-109; s. 7, ch. 92-286; s. 816, ch. 97-102; s. 15, ch. 2023-226.

Note.—Former s. 84.291.

Notes of Decisions

Cited in 246 cases (5 in the last 5 years), 1970–2025 · leading case: Trytek v. Gale Indus., Inc., 3 So. 3d 1194 (Fla. 2009).

Sort: Relevance Newest Treatment

Trytek v. Gale Indus., Inc., 3 So. 3d 1194 (Fla. 2009). · cites it 24× “Thereafter, each party concluded that it was the “prevailing party” and filed cross-motions to tax attorneys’ fees and costs pursuant to section 713.29, Florida Statutes (2005). After a hearing on the motions the trial court, while expressing some concern over this court’s…”

Prosperi v. Code, Inc., 626 So. 2d 1360 (Fla. 1993). · cites it 9× “The court also denied the owner's claim for attorney's fees (1) under section 713.29, Florida Statutes (1989), on the premise that he was not the prevailing party and (2) under section 713.”

Global Xtreme, Inc. v. Advanced Aircraft Ctr., Inc., 122 So. 3d 487 (Fla. 3d DCA 2013). · cites it 13× “In its mechanic’s lien count, Advanced alleged that it was entitled to recover attorney’s fees pursuant to section 713.29, Florida Statutes (2010). The matter proceeded to trial, and Advanced obtained a judgment in its favor.”

Julian E. Johnson & Sons, Inc. v. Balboa Ins. Co., 408 So. 2d 1044 (Fla. 1982). · cites it 16× “Therefore, we find it is error *1048 to award attorneys' fees under Section 713.29, Florida Statutes (1977). Id.”

Snead Const. Corp. v. Langerman, 369 So. 2d 591 (Fla. 1st DCA 1978). · cites it 9× “The trial judge's order on the appellees' motion for attorney's fees stated that they were entitled to "reasonable attorney's fees pursuant to Fla. Stat. § 713.29 ." Appellants contend that attorney's fees should have been assessed according to Sections 627.”

Florida Patient's Comp. Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985). · cites it 2× “The second category adopts the English Rule, authorizing the prevailing party, whether plaintiff or defendant, to recover attorney fees from the opposing party.”

DCC Constructors, Inc. v. Yacht Club Se., Inc., 839 So. 2d 731 (Fla. 3d DCA 2003). · cites it 9× “("DCC") appeals a final judgment denying its claim for attorneys' fees under Section 713.29, Florida Statutes (1999). Yacht Club Southeastern Inc.”

CU Assocs., Inc. v. RB Grove, Inc., 472 So. 2d 1177 (Fla. 1985). · cites it 6× “442 is not dispositive of the award of attorney's fees under section 713.29, Florida Statutes (1981). Rule 1.”

Sullivan v. Galske, 917 So. 2d 412 (Fla. 2d DCA 2006). · cites it 13× “Sullivan was entitled to attorneys' fees pursuant to the contract and pursuant to section 713.29, Florida Statutes (2002), as the prevailing party in the litigation.”

CDI CONTRACTORS, LLC. v. Allbrite Elec. Contractors, Inc., 836 So. 2d 1031 (Fla. 5th DCA 2002). · cites it 6× “Therefore, on remand the trial court must apportion (if possible) the fees attributable to CDI's breach of contract claim in the Cinema case, and the fees attributable to Rouse in defeating the lien in that case.”

Beach Resorts Intern. v. Clarmac Marine Const., 339 So. 2d 689 (Fla. 2d DCA 1976). · cites it 6× “Beach Resorts, defendant and appellant herein, specifically assails that portion of the final judgment awarding the plaintiff, Clarmac, attorney fees pursuant to the mechanic's lien statute, Section 713.29, Florida Statutes (1975). We agree and reverse.”

Encompass Inc. v. Alford, 444 So. 2d 1085 (Fla. 1st DCA 1984). · cites it 7× “Encompass Incorporated appeals from an order denying its motion for attorney's fees pursuant to Section 713.29, Florida Statutes (1981), and pre-judgment interest.”

Show all 246 citing cases →

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.