VICTOR JONES, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Xanadu OF Cocoa Beach, Inc. v. Lenz, 504 So. 2d 518 (Fla. 5th DCA 1987)
  …action on the contract, the contractual provision must be alleged and proof as to reasonable attorney’s fees must be presented by the party claiming them as part of his proof of damages in the case. See Mystery Fun House, Inc. v. Magic World, Inc., 417 So. 2d 785 (Fla. 5th DCA 1982). However, when attorney’s fees are recoverable as costs, such as here under section 83.48, Florida Statutes, or under section 713.29, Florida Statutes (which provides for attorney’s fees to [*520] be taxed as part of costs to the…
• Lhamon v. Retail Dev., Inc., 422 So. 2d 993 (Fla. 5th DCA 1982)
  …e Scheb wrote for the court “In a jury trial a claim for attorney’s fees predicated upon a provision in the contract between the parties becomes an element of damages and must be determined by the jury.” Mystery Fun House, Inc. v. Magic World, Inc., 417 So. 2d 785 (Fla. 5th DCA 1982); also see Commodore Plaza at Century 21 Condominium Association, Inc. v. Cohen, 350 So. 2d 502 (Fla. 3d DCA 1977) where it was held “In actions at law, interest and attorney fees are properly recoverable as a part of damages in a…
• Bowman v. Corbett, 556 So. 2d 477 (Fla. 5th DCA 1990)
  …fee. The supreme court held that proof of attorney’s fees, whether such fees are provided for by statute or by contract, may be presented for the first time after final judgment pursuant to a motion. In Mystery Fun House, Inc. v. Magic World, Inc., 417 So. 2d 785 (Fla. 5th DCA 1982), this court held that in a jury trial, a claim for attorney’s fees predicated upon a provision in a contract between the parties is an element of damages and proof relating to that issue must be presented to, and determined by, t…