IMPERIAL TERRACE EAST HOMEOWNER'S ASSOC., INC., APPELLANT,
v.
LOREN K. GRIMES AND JOANN P. GRIMES, APPELLEES
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Imperial Terrace East Homeowner's Association appealed a trial court's award of $23,898.65 in appellate attorney's fees, arguing the amount should be reduced because the association's broader appellate arguments were rejected and only the narrow issue of attorney's fees was successful. The court reduced the award to $1,200, reflecting only the fees for the successful portion of the appeal.
The court quashed the order awarding $23,898.65 and remanded for entry of an award of $1,200 in appellate attorney's fees, reflecting only compensation for the successful claim regarding attorney's fees, as the broader appellate arguments were unsuccessful.
[1] A court may reduce an attorney's fees award based upon the 'results obtained' if a party prevails on some claims but is unsuccessful on other unrelated claims.
[2] When evaluating attorney's fees based on results obtained, a trial judge must assess the relationship between successful and unsuccessful claims to determine if they can…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“a court may reduce an attorney's fees award based upon the 'results obtained' if a 'party prevails on a claim or claims for relief, but is unsuccessful on other unrelated claims.'”
Establishes the legal standard for reducing attorney's fees awards when a party achieves only partial success on appeal.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceIn a prior appeal (Imperial Terrace East Homeowner's Ass'n v. Grimes, 649 So.2d 301), this court affirmed the trial court's decision but found that th…
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PER CURIAM.
This matter1 is before us again upon the appellees’ motion to review the amount of the trial court’s award to the appellant for attorney’s fees incurred before this court in Imperial Terrace East Homeowner’s Ass’n v. Grimes, 649 So. 2d 301 (Fla. 5th DCA 1995). In this earlier ease, we affirmed the decision of the trial court except for its failure to award attorney’s fees and costs.
On remand, the trial court awarded the sum of $23,898.65 for appellate attorneys fees, but added the following language in its order:
“[Sjhould this Order be appealed and the Fifth District Court of Appeal finds that its Order only pertained to that portion of the appeal attributed to the recovery of costs and attorney’s fees expended at the trial court level, then a reasonable attorney’s fee for this appellate work would be $1200.00....”
The appellant, in its appeal of the earlier case, attempted to lead this court into issuing an advisory opinion going beyond the trial court’s refusal to award attorney’s fees and costs to the appellant. We declined to do so and expressly restricted our opinion to the issue of the failure to award attorney’s fees.
We see no reason to award attorney’s fees for the attempt to obtain that which was denied. In Danis Industries Corp. v. Ground Improvement Techniques, Inc., 629 So. 2d 985, 988 (Fla. 5th DCA 1993), approved, 645 So. 2d 420 (Fla.1994), this court held that, under Florida Patients Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla.1985), “a court may reduce an attorney’s fees award based upon the ‘results obtained’ if a ‘party prevails on a claim or claims for relief, but is unsuccessful on other unrelated claims.’” Id. at 988 (quoting Rowe, 472 So. 2d at 1151). Under such circumstances, “ ‘the trial judge must evaluate the relationship between the successful and unsuccessful claims and determine whether the investigation and prosecution of the successful claims can be separated from the unsuccessful claims.’” Id. (quoting Rowe, 472 So. 2d at 1151). We quash the order under review and remand to the trial court for entry of an award of appellate attorney’s fees of $1200.
ORDER QUASHED; REMANDED.
PETERSON, C.J., and HARRIS and THOMPSON, JJ., concur. . We have jurisdiction pursuant to Florida Rule of Appellate Procedure 9.400(c).
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The Sec. Mut. Life Ins. Co. OF Lincoln v. Dep't OF Ins. & State Treas., 707 So. 2d 929 (Fla. 1st DCA 1998)…r the investigation and prosecution of the successful claims can be separated from the unsuccessful claims. Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145, 1151 (Fla.1985). See Imperial Terrace East Homeowner’s Ass’n., Inc. v. Grimes, 666 So. 2d 276 (Fla. 5th DCA 1996); Danis Indus. Corp. v. Ground Improvement Techniques, Inc., 629 So. 2d 985, 988 (Fla. 5th DCA 1993), decision approved, 645 So. 2d 420 (Fla.1994); Fashion Tile & Marble, Inc. v. Alpha One Constr. & Assocs., 532 So. 2d 1306, 1308…
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Milanick v. Osborne, 6 So. 3d 729 (Fla. 5th DCA 2009)…reasonable award for appellate fees, the Commission shall not award appellate attorney’s fees based upon Osborne’s unsuccessful claim for fees attributable to the supreme court proceeding. See Imperial Terrace East Homeowner’s Ass’n, Inc. v. Grimes, 666 So. 2d 276, 277 (Fla. 5th DCA 1996) (explaining that “a court may reduce an attorney’s fees award based upon the ‘results obtained’ if a ‘party prevails on a claim or claims for relief, but is unsuccessful on other unrelated claims’ ”) (quoting Rowe, 472 So. 2…
Authorities Cited
- Fla. Patient's Comp. Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985)
- Danis Indus. Corp. v. Ground Improvement Techniques, Inc., 645 So. 2d 420 (Fla. 1994)
- Danis Indus. Corp. & Seaboard Sur. Co. v. Ground Improvement Techniques, Inc., 629 So. 2d 985 (Fla. 5th DCA 1993)
- Imperial Terrace E. Homeowner's Ass'n v. Grimes, 649 So. 2d 301 (Fla. 5th DCA 1995)