Can the winning side recover attorney fees in a Florida lawsuit?
Generally only when a contract or statute allows it. Otherwise each side in a Florida lawsuit usually pays its own attorney fees.
Generally only when a contract or a statute allows it. Without one, each side usually pays its own attorney fees.
When a contract allows fees to one party for enforcing it, section 57.105(7), Florida Statutes, lets the court award reasonable fees to the other party as well if that party prevails, for contracts entered into on or after October 1, 1988.
Separately, section 57.041 lets the party who recovers a judgment collect its legal costs, which are different from attorney fees.
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