LAW REALTY, INC., A FLORIDA CORPORATION, APPELLANT,
v.
JOHN G. HARRIS, APPELLEE
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Law Realty, a real estate broker, appealed a judgment denying its claim for a broker's commission and a post-judgment order awarding attorney's fees to the opposing party. The court affirmed both the denial of the commission claim and the award of attorney's fees, rejecting arguments that the trial court lacked jurisdiction to award fees after final judgment.
The trial court had jurisdiction to rule on the issue of attorney's fees. The contract provision awarding attorney's fees to the prevailing party was enforceable even though Law Realty did not prevail on its broker's commission claim.
[1] A trial court retains jurisdiction to determine attorney's fees post-judgment when counsel agrees to litigate the issue on a post-judgment basis.
[2] A contractual provision for attorney's fees to the prevailing party remains enforceable even if the party seeking to enforce the underlying contract does not prevail on i…
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Join FLexlaw to unlock all legal intelligence“A contract between the parties provided for attorney's fees for the prevailing party in litigation to enforce the terms of said contract.”
Establishes the contractual basis for the attorney's fees award
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Join FLexlaw to unlock all legal intelligenceLaw Realty, a Florida real estate brokerage corporation, and John G. Harris entered into a contract that included a provision awarding attorney's fees…
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PER CURIAM.
Appellant seeks reversal of (1) a final judgment determining that it is not entitled to recover a real estate broker’s commission and (2) a post judgment order allowing appellee attorney’s fees.
We have considered all of appellant’s contentions and suggestions of error and hold that no reversible error was committed relative to the merits of the case as reflected in the final judgment.
Appellant also asserts that the trial court lacked jurisdiction to enter the post judgment order on attorney’s fees. A contract between the parties provided for attorney’s fees for the prevailing party in litigation to enforce the terms of said contract. The appellee was the prevailing party but the question of attorney’s fees was not determined at trial because counsel agreed that the right to attorney’s fees and the amount thereof would be determined after final judgment. Within ten days of the final judgment, the appellee filed a motion outlining the agreement of counsel to litigate attorney’s fees on a post judgment basis and requesting that the court assess attorney’s fees in favor of the prevailing party. Also within ten days of the final judgment, appellant filed a motion for rehearing contesting the court’s final judgment in favor of appellee. Under these circumstances, we conclude that the trial court was possessed of jurisdiction to rule on the issue of attorney’s fees.
Accordingly, we hold that the contract between the parties providing for attorney’s fees to the prevailing party was a viable contract for attorney’s fees in this litigation even though appellant has not prevailed on its claim for a broker’s commission. We affirm the judgment below.
AFFIRMED.
DOWNEY and BERANEK, JJ., and GARRETT, EUGENE S., Associate Judge, concur.