Abuse Of Discretion Standard For Attorney'S Fees

45 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Meloan v. Coverdale
  525 So. 2d 935· Fla. 3d DCA· 1988-05-10 ·cited 61×
  The appellate court affirmed the trial court's denial of the former husband's motion for attorney's fees and guardian ad litem fees, but reversed the trial court's order requiring the former husband to pay private school tuition and affirmed the award of attorney's fees to the fo
• The Firestone Tire & Rubber Co. v. Neusser
  810 F.2d 550· 6th Cir.· 1987-02-02 ·cited 39×
  The court held that the Akron municipal income tax ordinance is not preempted by ERISA because it is a neutral tax of general application, but reversed the award of attorney's fees to the defendant, finding an abuse of discretion.
• Carlton v. H. C. Price Co. & Roger Dale Moyers
  640 F.2d 573· 5th Cir.· 1981-03-16 ·cited 39×
  The court held that prejudgment interest on future medical damages is permissible under Alaska law, but reduced the jury's awards for future medical expenses to the maximum amounts supported by the evidence, and remanded for redetermination of attorney's fees.
• Marchion Terrazzo, Inc. v. Altman
  372 So. 2d 512· Fla. 3d DCA· 1979-06-26 ·cited 32×
  Marchion Terrazzo appeals from a trial court's award of $500 in attorney's fees under Florida's Deceptive and Unfair Trade Practices Act, contending the amount is inadequately low. The appellate court reverses, holding that the trial judge abused discretion by awarding fees gross
• O'Neil v. City OF Lake Oswego
  642 F.2d 367· 9th Cir.· 1981-04-20 ·cited 28×
  A judge acting in excess of jurisdiction, but not in the clear absence of all jurisdiction, is protected by judicial immunity from liability under 42 U.S.C. § 1983. Attorney's fees awards require specific findings of fact and conclusions of law.
• Elga B. White v. Latrell White
  429 So. 2d 730· Fla. 1st DCA· 1983-03-24 ·cited 19×
  In this dissolution of marriage case, the Florida appellate court addressed a husband's challenges to alimony, property division, and attorney's fee awards following a 30-year marriage. The court reversed certain provisions regarding alimony continuation after the wife's remarria
• McGOWAN v. King, Inc.
  661 F.2d 48· 5th Cir.· 1981-11-09 ·cited 19×
  The court held that the trial judge abused discretion by awarding an inadequate attorney's fee, and the appellate court would fix the fee itself.
• Maxwell v. Lucky Constr. Co., Inc.
  710 F.2d 1395· 9th Cir.· 1983-07-19 ·cited 18×
  An oral modification of a collective bargaining agreement concerning fringe benefit contributions is invalid under § 302(c)(5) of the Labor Management Relations Act, and attorney's fees awarded must be reduced when the trial court fails to consider factors that would lessen the a
• Forehand v. Sch. Bd. OF Gulf Cnty.
  600 So. 2d 1187· Fla. 1st DCA· 1992-05-26 ·cited 16×
  A Florida appellate court vacated a school board's order suspending a fifth-grade teacher for ten days without pay, finding that the teacher was denied a fair hearing due to the board's attorney serving in the dual conflicting roles of prosecutor and legal advisor, and that two o
• King v. Wells
  760 F.2d 89· 6th Cir.· 1985-04-12 ·cited 16×
  The court held that a prison official's policy of automatically excluding inmate witness testimony violates due process, and that a reduction in attorney fees for duplication of services was an abuse of discretion when only one attorney was employed.
• Hindu Incense v. Meadows
  692 F.2d 1048· 6th Cir.· 1982-11-18 ·cited 16×
  The court held that the district court did not err in enjoining the defendants' use of the 'Genie' mark on candles, nor in denying attorney fees, as the infringement was not deemed exceptional.
• Ranger Ins. Co. v. Algie
  482 F.2d 861· 5th Cir.· 1973-08-16 ·cited 14×
  The court held that the insurance policy covered the pilot's liability because the relevant endorsement provided coverage for student pilots who subsequently received a private pilot certificate, and any policy ambiguities are construed against the insurer.
• Smillie v. Park Chem. Co.
  710 F.2d 271· 6th Cir.· 1983-06-28 ·cited 13×
  The court held that appeals from the merits judgment were untimely because a post-judgment motion for attorney fees does not toll the time for filing an appeal. The court affirmed the district court's award of attorney fees.
• Phillips v. Ford
  68 So. 3d 257· Fla. 4th DCA· 2010-11-24 ·cited 12×
  Steven B. Phillips appeals a trial court order awarding attorney's fees to his ex-wife Pamela A. Ford in a modification proceeding. The Fourth District Court of Appeal reversed the fee award, holding that the trial court failed to make adequate findings regarding the wife's finan
• The Hoopa Valley Tribe v. Nevins
  881 F.2d 657· 9th Cir.· 1989-07-28 ·cited 10×
  The court held that federal law preempts California's timber yield tax on timber harvested from tribal lands, and that the tribe's claim for attorney's fees under 42 U.S.C. § 1988 was not cognizable under 42 U.S.C. § 1983.
• Sec'y OF Dep't OF Labor v. King
  775 F.2d 666· 6th Cir.· 1985-08-19 ·cited 9×
  The court held that the district court did not err in allowing the Bank to intervene under Rule 24(b)(2) and in awarding attorney's fees under ERISA.
• Tex. PIG Stands, Inc. v. Hard Rock Cafe Int'l, Inc.
  951 F.2d 684· 5th Cir.· 1992-01-29 ·cited 8×
  The court held that a district court has discretion to award attorneys' fees in trademark infringement cases, especially when the infringement is willful, even if the plaintiff did not suffer lost sales.
• Linbeck Constr. Corp. v. Int'l Ass'n OF Bridge
  547 F.2d 948· 5th Cir.· 1977-02-28 ·cited 8×
  The court held that attorney fees and litigation expenses incurred in prosecuting an unfair labor practice charge are recoverable as damages under § 303 of the Labor Management Relations Act, even if work resumed during the proceedings.
• Herzog v. Herzog
  330 So. 2d 116· Fla. 3d DCA· 1976-02-03 ·cited 8×
  In this divorce appeal, the Florida District Court of Appeal reversed the trial court's award of the marital home to the wife and reduced the husband's obligation to pay attorneys fees. The court held that property conveyed into tenancy by the entireties is presumed a gift, and a
• City OF Miami Beach v. Cummings
  239 So. 2d 501· Fla. 3d DCA· 1970-09-08 ·cited 8×
  The City of Miami Beach appealed judgments awarding attorney's fees to landowners after the city dismissed eminent domain proceedings against their property. The court held that attorney's fees may be awarded regardless of whether dismissal is initiated by the condemning authorit
• Vecsey v. Vecsey
  115 So. 2d 719· Fla. 3d DCA· 1959-11-16 ·cited 8×
  The appellate court affirmed the trial court's decree, finding no reversible error in the admission or exclusion of evidence, the award of attorney's fees, or the denial of the divorce.
• Serbousek v. Lucas
  191 So. 3d 539· Fla. 5th DCA· 2016-05-20 ·cited 6×
  Former Wife appealed a final judgment dissolving a 38-year marriage, challenging the equitable distribution, permanent periodic alimony award of $2,000/month, denial of retroactive alimony, and denial of attorney's fees. The appellate court affirmed the alimony and attorney's fee
• Dennis v. Dennis
  230 So. 3d 1277· Fla. 1st DCA· 2017-12-07 ·cited 4×
  In this family law appeal, the court reversed the trial court's denial of attorney's fees in a contempt proceeding related to court-ordered alimony, finding that the trial court failed to make required findings regarding the parties' financial circumstances before denying the req
• Greenwald v. Rivkind-Greenwald
  31 So. 3d 250· Fla. 3d DCA· 2010-03-24 ·cited 4×
  In a dissolution of marriage case involving a short fourteen-month marriage, the husband appeals an award of $65,000 in attorney's fees to the wife. The appellate court reverses the attorney's fee award, finding that the wife's claim for permanent alimony was frivolous and based
• Wright v. Wright
  965 So. 2d 1168· Fla. 2d DCA· 2007-08-15 ·cited 4×
  In a divorce case, the former wife appealed the trial court's award of attorney's fees tied to the sale of the marital home, which would not occur until the youngest child reached age 19. The Florida District Court of Appeal reversed the payment method, finding it manifestly unre
• Dep't OF Revenue o/b/o Laverne Marchines v. Marchines
  974 So. 2d 1085· Fla. 2d DCA· 2007-03-16 ·cited 4×
  The Department of Revenue appealed an award of attorney's fees under section 57.105 against it for enforcing a Pennsylvania child support judgment against John Marchines, who was receiving supplemental security income (SSI) and thus statutorily exempt from support obligations. Th
• Indep. Sch. Dist. NO. 623 v. Digre
  893 F.2d 987· 8th Cir.· 1990-01-12 ·cited 4×
  The court held that the district court did not abuse its discretion in awarding attorney's fees under the EHA, as no special circumstances rendered the award unjust and fees for administrative proceedings were appropriate.
• Empire Indem. Ins. Co. v. Carolina Cas. Ins. Co.
  838 F.2d 1428· 5th Cir.· 1988-03-11 ·cited 4×
  The court held that the district court's findings regarding insurance liability were not clearly erroneous and that controlling law was correctly applied, affirming the apportionment of liability and denial of attorney's fees.
• Boswell v. Shirley's Pers. Care Servs. OF Okeechobee, Inc.
  211 So. 3d 210· Fla. 4th DCA· 2017-01-04 ·cited 3×
  On remand from a prior appeal, the trial court was instructed to allocate attorney's fees to only the injunctive relief claims but instead denied fees entirely. The appellate court reversed, holding that defense counsel sufficiently proved allocation of hours to the injunctive re
• Ingram v. Ingram
  277 So. 3d 718· Fla. 2d DCA· 2019-07-10 ·cited 2×
  When equitable distribution and alimony awards place divorcing parties in similar financial positions, an award of attorney's fees is an abuse of discretion unless the trial court makes specific findings that the fees are awarded as a sanction for the other party's litigation mis
• Abolila v. Brigitte Abolila
  823 So. 2d 300· Fla. 3d DCA· 2002-08-14 ·cited 2×
• Joseph S. Arrigo Motor Co., Inc. v. Lasserre
  678 So. 2d 396· Fla. 1st DCA· 1996-07-12 ·cited 2×
  A landlord sued a commercial lessee and personal guarantor for breach of a five-year commercial lease after the lessee assigned the lease to a third party who vacated. The court affirmed the finding of breach but reduced damages to reflect the landlord's duty to mitigate by relet
• Black Ass'n OF NEW Orleans Fire Fighters (Banoff) v. The City OF NEW Orleans
  911 F.2d 1063· 5th Cir.· 1990-09-14 ·cited 2×
  The court held that the appeal of the attorney's fee award was timely, but remanded the case because the district court failed to provide sufficient reasoning for the amount awarded.
• Commodity Futures Trading Comm'n v. Morse
  762 F.2d 60· 8th Cir.· 1985-05-13 ·cited 2×
  The court held that the district court did not err in finding a violation of the Commodity Exchange Act and in denying attorney fees, affirming the permanent injunction.
• Asaf Hasson v. ADI Hasson
  339 So. 3d 1006· Fla. 4th DCA· 2022-05-25 ·cited 1×
  A husband appeals a trial court order requiring him to pay $40,000 in temporary attorney's fees within 10 days, plus $10,000 monthly thereafter, and $40,000 in temporary forensic accounting fees within 10 days, plus $5,000 monthly thereafter, in a pending dissolution of marriage
• Shaw v. Shaw
  311 So. 3d 1037· Fla. 1st DCA· 2021-02-18 ·cited 1×
  The appellate court reversed a trial court's order requiring the former wife to pay her own attorney's fees. While affirming other aspects of the trial court's judgment, the appellate court found that the trial court failed to make the necessary factual findings regarding need, a
• Laurence McNAMARA v. City OF Lake Worth
  956 So. 2d 509· Fla. 4th DCA· 2007-04-25 ·cited 1×
  McNamara and others appealed a trial court's award of attorney's fees to the City of Lake Worth under Florida Statutes section 57.105, arguing that because the appellate court had previously denied Lake Worth's motion for appellate fees, the trial court was barred from awarding t
• Lopez v. Lopez
  Fla. 4th DCA· 2024-05-22
  A trial court reversibly errs when calculating alimony based on a party's imputed gross income rather than net income, and must make specific findings regarding both parties' need and ability to pay before denying an attorney's fees request, even when the requesting party engaged
• Estrella O. Ernfridsson v. Ward
  Fla. 5th DCA· 2023-07-07
  A trial court abuses its discretion when it denies additional attorney's fees in a dissolution proceeding without making sufficient findings of fact regarding the parties' financial resources and other relevant factors enumerated in Florida Statute section 61.16.
• Asaf Hasson v. ADI Hasson
  Fla. 4th DCA· 2022-05-25
• Country Club of Miami Condo Assoc. v. Gracia
  274 So. 3d 1155· Fla. 3d DCA· 2019-05-22
  A trial court does not abuse its discretion in denying attorney's fees to a party where the case is dismissed for mootness unrelated to the merits rather than on a favorable judgment on the merits.
• Va. Inv. Fund Ltd. P'ship v. Nolan
  867 So. 2d 629· Fla. 3d DCA· 2004-03-10
• Elliot v. Pallotti
  654 So. 2d 1300· Fla. 5th DCA· 1995-06-02
  Karen Elliot appealed the trial court's denial of her motion for attorney's fees and costs in a real property dispute with Cynthia Pallotti. The Florida Fifth District Court of Appeal affirmed the denial, holding that Elliot failed to establish a basis for attorney's fees because
• Franklin v. Thornton
  983 F.2d 939· 9th Cir.· 1993-01-11
  The court held that the participant's written consent was required for a lump sum distribution of her pension plan interest, and her August 2, 1988 letter did not constitute valid consent.
• Fiarman v. W. Publ'g Co.
  810 F.2d 85· 6th Cir.· 1987-01-21
  A plaintiff who is unsuccessful at trial, even if reinstated prior to judgment, is not entitled to attorney fees under the catalyst theory if the jury finds no discrimination.
• Fla. GAS Co. v. Spectra-Physics, Inc.
  406 So. 2d 1280· Fla. 1st DCA· 1981-12-09
  The court affirmed summary judgment for Spectra-Physics but reversed the award of travel expenses for the opposing party's attorney, holding that such expenses are not awardable as costs absent special contractual or statutory provisions.