TARGET TRAILER, INC., APPELLANT,
v.
ALLEN L. FEINGOLD, APPELLEE
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The prevailing party in a consumer protection suit is entitled to attorney's fees and costs, regardless of the basis of prevailing.
Plaintiff filed a complaint against defendant for replevin, conversion, and deceptive trade practices. The trial court dismissed the plaintiff's compl…
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PER CURIAM.
Appellant, Target Trailer, Inc., appeals an order denying attorney’s fees under the Florida Deceptive and Unfair Trade Practices Act, section 501.2105, Florida Statutes (1991). We reverse.
In the trial court, appellee (Feingold) filed a complaint against appellant for replevin, conversion, and deceptive and unfair trade practices. The court dismissed Feingold’s second amended complaint with prejudice, rendering a final judgment against him. Feingold appealed and the appeal was dismissed. Appellant then sought attorney’s fees and the court denied appellant’s motion.
Section 501.2105(1), Florida Statutes (1991), states:
In any civil litigation resulting from a consumer transaction involving a violation of this part, ... the prevailing party, after judgment in the trial court and exhaustion of all appeals, if any, shall receive his reasonable attorney’s fees and costs from the nonprevailing party.
The law is clear on this issue. “The plaintiff, having invoked the [Florida Deceptive and Unfair Trade] Act, is liable for an áttor-ney’s fee because he did not prevail.” Rustic Village, Inc. v. Friedman, 417 So. 2d 305, 306 (Fla. 3d DCA 1982). The prevailing party in a consumer protection suit is “entitled to attorneyfs] fees without-regard to the basis upon which the party prevails.” Leitman v. Boone, 439 So. 2d 318, 321-22 (Fla. 3d DCA 1983). Because a final judgment was entered against Feingold, appellant fs the prevailing party under section 501.2105. We therefore reverse and remand for an award of attorney’s fees in favor of appellant.
Reversed and remanded.
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The Humane Soc'y OF Broward Cnty., Inc. v. The Fla. Humane Soc'y, 951 So. 2d 966 (Fla. 4th DCA 2007)…uld have intended. Tropical Coach Line, Inc. v. Carter, 121 So. 2d 779, 782 (Fla.1960). Prior to a 1994 amendment, FDUTPA provided for the mandatory award of reasonable attorney’s fees to any prevailing party. See Target Trailer, Inc. v. Feingold, 632 So. 2d 198 (Fla. 3d DCA 1994); Smith v. Bilgin, 534 So. 2d 852, 852 (Fla. 1st DCA 1988); Rustic Village, Inc. v. Friedman, 417 So. 2d 305, 306 (Fla. 3d DCA 1982); see also Gen. Motors Acceptance Corp., 791 So. 2d at 517. The 1994 amendment to section 501.2105…
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Feingold v. Target Trailer, Inc., 676 So. 2d 1009 (Fla. 3d DCA 1996)…PER CURIAM. Affirmed. Target Trailer, Inc. v. Feingold, 632 So. 2d 198 (Fla. 3d DCA 1994); Linn v. Linn, 464 So. 2d 614, 617 (Fla. 4th DCA 1985); see also Marchion Terrazzo, Inc. v. Altman, 372 So. 2d 512, 513 (Fla. 3d DCA 1979).…
Authorities Cited
- Lorn Leitman and John Gentile v. Boone, 439 So. 2d 318 (Fla. 3d DCA 1983)
- Rustic Vill., Inc. v. Elayne Friedman, 417 So. 2d 305 (Fla. 3d DCA 1982)