STUART PLAZA, LTD., APPELLANT,
v.
ATLANTIC COAST DEVELOPMENT CORP. OF MARTIN COUNTY, APPELLEE
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A trial court has jurisdiction to award attorney's fees after a voluntary dismissal if authorized by statute or contract.
[1] A defendant is the prevailing party when a plaintiff voluntarily dismisses its case without prejudice.
[2] A trial court retains jurisdiction to award attorney's fees after a voluntary dismissal when fees are authorized by statute or contract.
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Join FLexlaw to unlock all legal intelligenceA tenant sued their landlord and then voluntarily dismissed the suit. The landlord sought attorney's fees based on a lease provision, but the trial co…
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DOWNEY, Judge.
Appellee, a tenant in property owned by appellant, sued appellant for damages and specific performance arising out of appellant’s alleged unreasonable refusal to consent to appellee’s assignment of the lease. On the day of trial appellee voluntarily dismissed its case without prejudice pursuant to Rule 1.420(a), Florida Rules of Civil Procedure. Appellant thereafter moved the court to tax attorney’s fees and costs on the grounds that the lease between the parties provided for the recovery of attorney’s fees by the prevailing party in any litigation arising out of the lease contract. The trial court awarded appellant its costs but denied an award of attorney’s fees because it perceived that Rule 1.420(d) Florida Rules of Civil Procedure, did not include attorney’s fees in an award of costs.
On appeal appellee seems to contend that the trial court was correct because the only fees which may be taxed pursuant to the rule in question upon a voluntary dismissal are fees provided for by statute. We hold this to be an incorrect understanding of the current status of the law on this question. Initially, we point out that when a plaintiff takes a voluntary dismissal the defendant is the prevailing party. Gordon v. Warren Heating & Air Conditioning, Inc., 340 So. 2d 1234 (Fla. 4th DCA 1976); McKelvey v. Kismet, Inc., 430 So. 2d 919 (Fla. 3d DCA 1983); Dolphin Towers Condominium Ass’n v. Del Bene, 388 So. 2d 1268 (Fla. 2d DCA 1980).
Next, we hold that after a voluntary dismissal by plaintiff the trial court does have jurisdiction to award attorney’s fees where the fees are authorized by statute or a contract between the parties. Hatch v. Dance, 464 So. 2d 713 (Fla. 4th DCA 1985); Reineke v. McKinstry, 445 So. 2d 361 (Fla. 4th DCA 1984); Giachetti v. Johnson, 308 So. 2d 143 (Fla. 2d DCA 1975).
Accordingly, the order appealed from is reversed and the cause is remanded to the trial court with directions to determine reasonable attorney’s fees to be awarded to appellant.
LETTS and WALDEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (27 total)
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Thornber v. City OF Fort Walton Beach, 568 So. 2d 914 (Fla. 1990)…st Ray. We agree with the district court that the council members prevailed in this action. In general, when a plaintiff voluntarily dismisses an action, the defendant is the prevailing party. Stuart Plaza, Ltd. v. Atlantic Coast Development Corp., 493 So. 2d 1136 (Fla. 4th DCA 1986). A determination on the merits is not a prerequisite to an award of attorney’s fees where the statute provides that they will inure to the prevailing party. Metropolitan Dade County v. Evans, 474 So. 2d 392 (Fla. 3d DCA 1985); St…
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Alhambra Homeowners Ass'n, Inc. v. Adnan Asad, 943 So. 2d 316 (Fla. 4th DCA 2006)…tutory or contractual provisions providing for an award of attorney’s fees to the prevailing party in a litigation encompasses defendants in suits which have been voluntarily dismissed”); Stuart Plaza, Ltd. v. Atl. Coast Dev. Corp. of Martin County, 493 So. 2d 1136, 1137 (Fla. 4th DCA 1986) (involving prevailing party attorney’s fee provision in a lease); Boca Airport, Inc. v. Roll-N-Roaster of Boca, Inc., 690 So. 2d 640, 641 (Fla. 4th DCA 1997) (applying attorney’s fee provision of mechanics’ lien statute and…1 / 2
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Valcarcel v. Chase Bank USA NA, 54 So. 3d 989 (Fla. 4th DCA 2010)…ng a trial court to award attorney’s fees as costs to a defendant as the prevailing party when such an award is provided for either by statute or a contract between the parties. E.g., Stuart Plaza, Ltd. v. Atlantic Coast Dev. Corp. of Martin County, 493 So. 2d 1136 (Fla. 4th DCA 1986). Since rule 1.420(d) contemplates both voluntary and involuntary dismissals, we see no reason why this interpretation should not be applied to a situation involving an involuntary dismissal of a plaintiffs case. Thus, based on th…
Previewing 3 of 27 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Sagre, 430 So. 2d 919 (Fla. 3d DCA 1983)
- Gordon v. Warren Heating & AIR Conditioning, Inc., 340 So. 2d 1234 (Fla. 4th DCA 1976)
- Dolphin Towers Condo. Ass'n, Inc. v. DEL Bene, 388 So. 2d 1268 (Fla. 2d DCA 1980)
- Press v. Press, 340 So. 2d 1234 (Fla. 4th DCA 1976)
- Giachetti v. Johnson, 308 So. 2d 143 (Fla. 2d DCA 1975)
- Reineke v. McKINSTRY, 445 So. 2d 361 (Fla. 4th DCA 1984)
- Hatch v. Dance, 464 So. 2d 713 (Fla. 4th DCA 1985)
- In re The Forfeiture OF 1979 Porsche 911 Targa, 464 So. 2d 713 (Fla. 4th DCA 1985)