Attorneys and Attorneys’ Fees

Land & Sea Petroleum, Inc. v. Business Specialists, Inc.

Circuit court abused its discretion in denying seller’s claim against real estate brokers for attorney’s fees under section 768.79 on basis that $500 offer was not made in good faith because seller’s argument was based on enforceability of the contract and therefore seller needed very little, if any, discovery. Land & Sea Petroleum, Inc. v. Business Specialists, Inc., 36 F.L. W. D137 (Fla. 4th DCA Jan. 19, 2011).

Land & Sea Petroleum, Inc. v. Business Specialists, Inc.

In suit by broker and co-broker against seller for commissions under brokerage commission contract where seller prevailed, seller was entitled to attorney’s fees against broker per the reciprocal provision of section 57.105(7), but not against the co-broker because co-broker was not a third-party beneficiary. Land & Sea Petroleum, Inc. v. Business Specialists, Inc., 36 F.L. W. D137 (Fla. 4th DCA Jan. 19, 2011).

Country Place Community Ass’n., Inc. v. J.P. Morgan Mortgage Acquisition Crop.

In mortgage foreclosure action, trial court erred in denying motion by homeowners’ association that prevailed on summary judgment dismissing action for attorney’s fees under section 57,105 because plaintiff knew or should have known it lacked standing to maintain a foreclosure action. Country Place Community Ass’n., Inc. v. J.P. Morgan Mortgage Acquisition Crop., 51 So.3d 1176 (Fla. 2d DCA Dec. 29, 2010).

Siboni v. Allen

In case where plaintiff voluntarily dropped a party (albeit notice was mislabeled notice of voluntarily dismissal), trial court properly denied dropped party’s motion for attorney’s fees because it was not filed within the thirty day time limit of Rule 1.525 even though that rule “does not explicitly mention dropping a party as a triggering event.” Siboni v. Allen, 52 So.3d 779 (Fla. 5th DCA Dec. 23, 2010).

Alan B. Garfinkel, P.A. v. Mager

Trial court erred by dismissing with prejudice breach of contract action against law firm that agreed it would not represent or otherwise assist a party who initiated or maintained a lawsuit against plaintiff on basis such agreement violated public policy because plaintiff also alleged law firm had detrimental confidential information. Alan B. Garfinkel, P.A. v. Mager, 57 So.3d 221 (Fla. 5th DCA Dec. 23, 2010).

Kurgan v. Morton D. Weiner/AMPAC, Inc.

Trial court erred in awarding fees per section 57.105 because it because it did not make the statutory findings. Kurgan v. Morton D. Weiner/AMPAC, Inc., 49 So.3d 342 (Fla. 3d DCA Dec. 22, 2010).