PORTFOLIO RECOVERY ASSOCIATES, LLC
v.
SONYA SURGEONT
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Portfolio Recovery Associates appeals a trial court order awarding attorney's fees to Sonya Surgeont. The Ninth Circuit reversed the award based on an estoppel principle established in HFC Collection Center, Inc. v. Alexander, holding that a party cannot recover attorney's fees under Florida Statute section 57.105(7) after successfully arguing to the trial court that there was no assignment of the contract containing the fee provision.
A party is estopped from recovering attorney's fees under Florida Statute section 57.105(7) after that party successfully argues to the trial court that there was no assignment of the contract containing the attorney's fee provision.
[1] A party may be estopped from recovering attorney's fees when they have successfully argued to the trial court that no assignment of the contract containing the fee provis…
[2] A party who argues there was no assignment of a contract cannot subsequently seek attorney's fees based on a provision within that same contract.
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Join FLexlaw to unlock all legal intelligence“estoppel prevents a party from recovering attorney's fees under Florida Statute section 57.105(7), after that party successfully argues to the trial court that there was no assignment of the contract containing the attorney's fee provision”
States the controlling legal principle that was the basis for reversal
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Join FLexlaw to unlock all legal intelligencePortfolio Recovery Associates, LLC brought a case against Sonya Surgeont. The trial court awarded attorney's fees to Surgeont. The appellate court had…
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Before O’KANE, UNDERWOOD, and MURPHY, J.J.
PER CURIAM.
FINAL ORDER LIFTING STAY AND REVERSING TRIAL COURT’S ORDER GRANTING DEFENDANT’S MOTION FOR ATTORNEY’S FEES
Appellant, Portfolio Recovery Associates, LLC, appeals the trial court’s December 19, 2014, order granting Appellee Sonya Surgeont’s motion for attorney’s fees. This Court has jurisdiction under Florida Statute section 26.012(1), and Florida Rule of Appellate Procedure 9.030(c)(1)(A). On March 1, 2016, this Court stayed this proceeding pending the outcome of the motion for rehearing filed in the indistinguishable Fifth District Court of Appeal case HFC Collection Center, Inc. v. Alexander, 40 Fla. L. Weekly D2448 (Fla. 5th DCA Oct. 30, 2015). The Fifth District denied the motion for rehearing in that case on March 7, 2016. We now lift the stay and reverse, as the Fifth District ruled that estoppel prevents a party from recovering attorney’s fees under Florida Statute section 57.105(7), after that party successfully argues to the trial court that there was no assignment of the contract containing the attorney’s fee provision. Based on the foregoing, it is hereby ORDERED AND ADJUDGED as follows: 1. The stay of this appeal entered on March 1, 2016, is lifted. 2. The trial court’s order awarding attorney’s fees to Surgeont is REVERSED and this matter is REMANDED to the trial court for proceedings consistent with HFC Collection Center, Inc. v. Alexander. 3. Surgeont’s motion for appellate attorney’s fees, filed on August 26, 2015, is DENIED. DONE AND ORDERED in Chambers, at Orlando, Orange County, Florida, on this 17th day of March, 2016.
/S/
JULIE H. O’KANE
Presiding Circuit Judge
UNDERWOOD and MURPHY, J.J., concur. CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Order has been furnished to: The Honorable Adam McGinnis, Orange County Judge, Orange County Courthouse, 425 N. Orange Ave., Orlando, FL 32801; Robert E. Sickles, Esq., and John P. Gaset, Esq., Broad and Cassel, 100 N. Tampa St., Ste. 3500, Tampa, FL 33602; and Heather A. Harwell, Esq., Law Office of Heather A. Harwell, P.A., 27446 Cashford Circle, Ste. 101, Wesley Chapel, FL 33544, on this 17th day of March, 2016.
/S/
Judicial Assistant