OBERMEYER
v.
BANK OF NEW YORK
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A litigant may claim attorney's fees for litigating whether entitlement to fees exists, but may not claim attorney's fees incurred in litigating the amount of those fees.
[1] Attorney's fees may be awarded for litigating the issue of entitlement to attorney's fees, but not for litigating the amount of attorney's fees.
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Join FLexlaw to unlock all legal intelligence“It is settled that in litigating over attorney's fees, a litigant may claim fees where entitlement is the issue, but may not claim attorney's fees incurred in litigating the amount of attorney's fees.”
Court citing N. Dade Church of God, Inc. v. JM Statewide, Inc., 851 So. 2d 194, 196 (Fla. 3d DCA 2003)
Obermeyer successfully obtained dismissal of a foreclosure action filed against him by Bank of New York. He then sought attorney's fees and costs for …
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Opinion filed February 20, 2019. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D18-1637 Lower Tribunal No. 08-409K ________________ Peter Obermeyer, Appellant, vs. Bank of New York, etc., Appellee. An Appeal from the Circuit Court for Monroe County, James M. Barton, II, Senior Judge. Gregg Horowitz (Sarasota), for appellant. DeLuca Law Group, PLLC, and Shawn Taylor (Fort Lauderdale), for appellee. Before FERNANDEZ, LOGUE, and SCALES, JJ. PER CURIAM.
Peter Obermeyer, who successfully obtained the dismissal of the foreclosure action filed against him by the Bank of New York, appeals the trial court’s final judgment denying attorney’s fees and costs for litigating the amount of attorney’s fees. Based on our longstanding precedent, we affirm. N. Dade Church of God, Inc.
v. JM Statewide, Inc., 851 So. 2d 194, 196 (Fla. 3d DCA 2003) (“It is settled that in litigating over attorney’s fees, a litigant may claim fees where entitlement is the issue, but may not claim attorney’s fees incurred in litigating the amount of attorney’s fees.”). See generally State Farm Fire & Cas. Co. v. Palma, 629 So. 2d
830, 833 (Fla. 1993) (“fees may be awarded for litigating the issue of entitlement to attorney’s fees but not the amount of attorney’s fees”). But see Waverly at Las Olas
Condo. Ass’n, Inc. v. Waverly Las Olas, LLC, 88 So. 3d 386, 389 (Fla. 4th DCA
2012) (finding certain contractual language “broad enough to encompass fees incurred in litigating the amount of fees”).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State Farm Fire & Cas. Co. v. Palma, 629 So. 2d 830 (Fla. 1993)
- The Waverly AT LAS Olas Condo. Ass'n, Inc. v. Waverly LAS Olas, LLC, 88 So. 3d 386 (Fla. 4th DCA 2012)
- Richardson v. State, 851 So. 2d 194 (Fla. 3d DCA 2003)
- N. Dade Church OF GOD, Inc. v. JM Statewide, Inc., 851 So. 2d 194 (Fla. 3d DCA 2003)