Attorney's Fees
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Statutes
If a contract contains a provision allowing attorney's fees to a party when he or she is required to take any action to enforce the contract, the court may also allow reasonable attorney's fees to the other party when that party prevails in any action, whether as plaintiff or defendant, with respect to the contract. (West's F.S.A. § 57.105)
Cases
Holiday Square Owners Assn, Inc. v. Tsetsenis, 820 So.2d 450 (Fla. 5th DCA 2002) (a contract clause providing for prevailing party’s attorney’s fees makes award mandatory once court determines a party has prevailed).
Comments
A contractual provision is interpreted reciprocally whether or not it is drafted in that fashion. Florida Hurricane Protection and Awning, Inc. v. Pastina, 43 So.3d 893 (Fla. 4th DCA 2010) (holding Florida Statute Section 57.105(7) requires reciprocity and renders bilateral a unilateral contractual clause for prevailing party attorney’s fees).
Contributors
Brittany S. Ogden
The statutory information was edited and reviewed with the support of MultiState
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