Clermont, FL asked in Civil Litigation, Contracts and Small Claims for Florida

Q: Question regarding attorney fees and cost, Florida Small Claims. The case had two parts or counts.

Question, attorney fees and cost, Florida Small Claims. If a case had two parts or counts, the first part/count findings by the court was in favor plaintiff, the second part/count did not finish until seven months later. The second part/count was volunteerly dismissed by plaintiff before it went to jury trial. The local court denied attorney fees & cost because it stated that the plaintiff (me) didn't reply in the 30 day limit per rule 1.525' on count 1. We did file for attorney fees & cost within 30 days per Florida rule 1.525 after the second part/count was dismissed. I thought a case wasn't finish until the second part/count or all issues in the case are completed. The court ruled after the first part/count, I think it was wrong the case was still open and had not resolved part/count two. What is your opinion on this, shouldn't the court had waited until after the second part /count 2 was done. The court made this decision, the defendant never raised this issue. How come?

1 Lawyer Answer
Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • MIramar Beach, FL
  • Licensed in Florida

A: If a judgment was rendered on any portion of the case. The law in Florida sets a time limit for the prevailing party to file a motion for prevailing party attorney's fees and costs. Thus if you did not do so I would say that the judge was correct to deny a request for fees made several months later. Further if you are not a licensed Florida you would not be entitled to attorney fees. You would have been entitled to costs is you are not a Florida attorney but there is a time limit to seek costs as well.

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