BYNDOM
v.
WAFFLE HOUSE, INC.
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The district court denied defendants' motion for attorneys' fees and costs without prejudice, staying the issue pending resolution of an appeal to the Eleventh Circuit. The court exercised its discretion to defer the fee determination until after the appellate mandate issues.
The court denied defendants' motion for attorneys' fees and costs without prejudice, deferring resolution until after the Eleventh Circuit issues its mandate. Defendants may refile the motion within 21 days after issuance of the appellate mandate if appropriate.
“Because determination of the appeal may affect consideration of the issue of attorneys' fees, the undersigned finds it appropriate to await the outcome of the appeal before resolving Defendants' motion.”
States the court's rationale for staying the fee motion pending appellate resolution
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Join FLexlaw to unlock all legal intelligenceThis case involves a dispute between Byndom (plaintiff) and Waffle House, Inc. and East Coast Waffles, Inc. (defendants). The case is currently on app…
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Before the Court is Defendants' Motion for Entitlement for Attorneys' Fees and Costs and Memorandum of Law. Doc. No. 57. Plaintiff responds requesting a stay of the issue pending the outcome of his appeal. Doc. No. 59. Defendants have filed an authorized reply. Doc. No. 63.
As the docket reflects, this case is currently on appeal to the United States Court of Appeals for the Eleventh Circuit. See Doc. Nos. 58, 60. Because determination of the appeal may affect consideration of the issue of attorneys' fees, the undersigned finds it appropriate to await the outcome of the appeal before resolving Defendants' motion. See Morrison v. Amway Corp., No. 6:01-cv-0749-Orl- 22JGG, 2003 WL 25570793, at *1 (M.D. Fla. Nov. 10, 2003) ("[T]he Court has discretion to deny a motion for attorney's fees without prejudice to refile after the appeal has concluded."); see also, e.g., E-Z Dock, Inc. v. Snap Dock, LLC, No. 2:21-cv- 450-SPC-NPM, 2022 WL 19914347, at *2 (M.D. Fla. Oct. 24, 2022) (exercising discretion to defer resolution of attorney's fees until after resolution of appeal); Action Nissan, Inc. v. Hyundai Motor Am. & Genesis Motor Am., No. 6:18-cv-380- WWB-EJK, 2022 WL 17409415, at *1 (M.D. Fla. Feb. 7, 2022) (same); Yellowpages Photos, Inc. v. YP, LLC, No. 8:17-cv-764-T-36JSS, 2020 WL 6729719, at *2 (M.D. Fla. Oct. 29, 2020), report and recommendation adopted, 2020 WL 6728846 (M.D. Fla. Nov. 16, 2020) (same); Truesdell v. Thomas, No. 5:13-cv-552-Oc-10PRL, 2016 WL 7049252, at *3 (M.D. Fla. Dec. 5, 2016) (same).
Accordingly, Defendant's motion (Doc. No. 57) is DENIED without prejudice to filing a renewed motion in accordance with all applicable Local Rules and legal authority, if appropriate, within twenty-one (21) days after issuance of the mandate by the Eleventh Circuit.
DONE and ORDERED in Orlando, Florida on May 21, 2025.
Uslis Heran Price
LESLIE HOFFMAN PRICE
UNITED STATES MAGISTRATE JUDGE
Copies furnished to: Counsel of Record Unrepresented Parties
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Byndom v. Waffle House, Inc. (M.D. Fla. 2025)…'s fees until after resolution of appeal); Action Nissan, Inc. v. Hyundai Motor Am. & Genesis Motor Am., No. 6:18-cv-380- WWB-EJK, 2022 WL 17409415, at *1 (M.D. Fla. Feb. 7, 2022) (same); Yellowpages Photos, Inc. v. YP, LLC, No. 8:17-cv-764-T-36JSS, 2020 WL 6729719, at *2 (M.D. Fla. Oct. 29, 2020), report and recommendation adopted, 2020 WL 6728846 (M.D. Fla. Nov. 16, 2020) (same); Truesdell v. Thomas, No. 5:13-cv-552-Oc-10PRL, 2016 WL 7049252, at *3 (M.D. Fla. Dec. 5, 2016) (same). Accordingly, Defendant's m…1 / 3
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Magna Tyres USA, LLC v. Coface N. Am. Ins. Co., 2019 WL 2717197 (M.D. Fla. 2024)…der."). In any event, "courts routinely defer ruling on motions for attorney's fees and costs pending appeal in the interest of judicial economy.” See Pinto v. Rambosk, 2021 WL 4263404, at *2 (M.D. Fla. Sep. 20, 2021); see also Truesdell v. Thomas, 2016 WL 7049252, at *2 (M.D. Fla. Dec. 5, 2016) (collecting cases). In light of the pending appeal, the Court finds it appropriate to defer ruling on taxable costs until the Eleventh Circuit's resolution of the appeal. - 2 - ---PAGE 3--- Accordingly, the Motion (…
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Abdul Crawford v. N. Am. Credit Servs., Inc. (M.D. Fla. 2025)…3) (same). To be sure, “courts routinely defer ruling on motions for attorney's fees and costs pending appeal in the interest of judicial economy.” See Pinto v. Rambosk, 2021 WL 4263404, at *2 (M.D. Fla. Sep. 20, 2021); see also Truesdell v. Thomas, 2016 WL 7049252, at *2 (M.D. Fla. Dec. 5, 2016) (collecting cases). - 2 - ---PAGE 2--- Case 6:23-cv-1780-RBD-DCI Document 81 Filed 10/07/25 Page 3 of 3 PageID 724 Accordingly, it is ORDERED that the Motion to Stay (Doc. 80) is GRANTED in part to the extent that…
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- Byndom v. Waffle House, Inc. (M.D. Fla. 2025)