Florida Statute 768.26 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLV
TORTS

Chapter 768
NEGLIGENCE

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F.S. 768.26

768.26 Litigation expenses.—Attorneys’ fees and other expenses of litigation shall be paid by the personal representative and deducted from the awards to the survivors and the estate in proportion to the amounts awarded to them, but expenses incurred for the benefit of a particular survivor or the estate shall be paid from their awards.

History.—s. 1, ch. 72-35.

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Amendments to 768.26

Annotations, Discussions, Cases:

Cases Citing Statute 768.26

Total Results: 16

Thompson v. Hodson

825 So. 2d 941

District Court of Appeal of Florida | Filed: May 9, 2002 | Docket: 1691138

Cited 12 times | Published

earlier settlements. A. Hodson asserts that section 768.26, Florida Statutes, mandates payment of his

In Re Estate of Catapane

759 So. 2d 9, 2000 WL 257099

District Court of Appeal of Florida | Filed: Mar 8, 2000 | Docket: 1736345

Cited 10 times | Published

hire counsel. See § 733.612(19), Fla. Stat. Section 768.26 provides for payment of counsel selected by

Brown v. Seebach

763 F. Supp. 574, 1991 U.S. Dist. LEXIS 5047, 1991 WL 57908

District Court, S.D. Florida | Filed: Apr 12, 1991 | Docket: 1153336

Cited 9 times | Published

strike attorneys' fees is covered by Fla.Stat. § 768.26. Attorneys' fees and costs are deducted from the

Wiggins v. Estate of Wright

850 So. 2d 444, 2003 WL 21196836

Supreme Court of Florida | Filed: May 22, 2003 | Docket: 1783577

Cited 7 times | Published

for by them. We believe that is the intent of section 768.26, Florida Statutes: Attorneys' fees and other

Wagner, Vaughan, McLaughlin & Brennan, P.A. v. Kennedy Law Group

64 So. 3d 1187, 36 Fla. L. Weekly Supp. 133, 2011 Fla. LEXIS 780, 2011 WL 1304921

Supreme Court of Florida | Filed: Apr 7, 2011 | Docket: 2364032

Cited 6 times | Published

underlying case involves the application of section 768.26, Florida Statutes (2005), the attorney fees

Perez v. GEORGE & FULMER

662 So. 2d 361, 1995 WL 366680

District Court of Appeal of Florida | Filed: Jun 21, 1995 | Docket: 1429179

Cited 4 times | Published

the court awarded the fees on the basis of section 768.26, Florida Statutes (1993).[3] Contrary to the

Adams v. MONTGOMERY, SEARCY & DENNEY, PA

555 So. 2d 957, 1990 WL 4496

District Court of Appeal of Florida | Filed: Jan 24, 1990 | Docket: 1395864

Cited 3 times | Published

Appellees argued for fees and costs under Section 768.26, Florida Statutes (1987) and the "common fund

Garces v. Montano

947 So. 2d 499, 2006 WL 3498577

District Court of Appeal of Florida | Filed: Dec 6, 2006 | Docket: 1376864

Cited 2 times | Published

proportion to the amounts awarded to them, under section 768.26, Florida Statutes, as the efforts of the litigation

Wiggins v. Estate of Wright

786 So. 2d 1247, 2001 WL 667741

District Court of Appeal of Florida | Filed: Jun 15, 2001 | Docket: 1681904

Cited 2 times | Published

for by them. We believe that is the intent of section 768.26, Florida Statutes: Attorneys' fees and other

Kadlecik v. Haim

79 So. 3d 892, 2012 WL 511389, 2012 Fla. App. LEXIS 2449

District Court of Appeal of Florida | Filed: Feb 17, 2012 | Docket: 60305409

Cited 1 times | Published

death *894action is contrary to the language of section 768.26, which states: Attorneys’ fees and other expenses

Smith v. Rainey

747 F. Supp. 2d 1327, 2010 U.S. Dist. LEXIS 104830, 2010 WL 4118096

District Court, M.D. Florida | Filed: Sep 30, 2010 | Docket: 2342237

Cited 1 times | Published

complied with the notice requirements of Fla. Stat. § 768.26 is likewise rejected. See Amended Complaint, ¶

Walker v. Bozeman

243 F. Supp. 2d 1298, 2003 WL 291898

District Court, N.D. Florida | Filed: Feb 11, 2003 | Docket: 2285464

Cited 1 times | Published

appropriate will be conducted on this issue. [13] See § 768.26, Fla. Stat. (2001) ("Attorney's fees and other

Heiston v. Schwartz & Zonas, LLP

221 So. 3d 1268, 2017 Fla. App. LEXIS 9695, 2017 WL 2882944

District Court of Appeal of Florida | Filed: Jul 7, 2017 | Docket: 6086355

Published

regard to the payment of “Litigation Expenses,” section 768.26 of the Act provides for the payment of the

Exposito v. Public Health Trust of Miami-Dade County

141 So. 3d 663, 2014 WL 2866414, 2014 Fla. App. LEXIS 9233

District Court of Appeal of Florida | Filed: Jun 18, 2014 | Docket: 60242004

Published

filing of this action.” Specific compliance with section 768.26(6) was not separately alleged, although Ms

Wagner, Vaughn, McLaughlin & Brennan, P.A. v. Kennedy Law Group

987 So. 2d 741, 2008 Fla. App. LEXIS 10296, 2008 WL 2668801

District Court of Appeal of Florida | Filed: Jul 9, 2008 | Docket: 64855292

Published

The fee provision at issue is set forth in section 768.26, Florida Statutes (2005). It provides: Litigation

Costello v. Davis

890 So. 2d 1179, 2004 Fla. App. LEXIS 20014, 2004 WL 3008988

District Court of Appeal of Florida | Filed: Dec 29, 2004 | Docket: 64835387

Published

recovery allocated to Mr. Davis and Mrs. Costello. § 768.26, Fla. Stat. (2001); Wiggins v. Estate of Wright