NORTH LAKELAND PAIN AND TRAUMA, INC. AND PETER PETRONE, APPELLANTS,
v.
JUNE BENSON, APPELLEE
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North Lakeland Pain and Trauma, Inc. appealed a trial court judgment awarding attorney's fees and costs to June Benson in connection with her successful petition to obtain her medical records. The appellate court reversed the attorney's fees award but affirmed the costs award.
The court reversed the award of attorney's fees because neither section 456.057 nor section 766.204 authorizes such an award, and Benson failed to adequately invoke section 57.105 before the trial court. The court affirmed the award of costs because Benson was the prevailing party and was entitled to recover costs under section 57.041, Florida Statutes.
[1] In the absence of a statutory basis or contractual provision, a prevailing party is not generally entitled to an award of attorney's fees.
[2] A party seeking attorney's fees under section 57.105, Florida Statutes, must have suggested entitlement to fees under that statute in the trial court, and the trial court…
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Join FLexlaw to unlock all legal intelligence“In the absence of a statutory basis or contractual provision, a prevailing party is not generally entitled to an award of attorney's fees.”
Establishes the legal principle that attorney's fees require statutory or contractual authorization
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Join FLexlaw to unlock all legal intelligenceJune Benson requested copies of her medical records from North Lakeland Pain and Trauma, Inc. When unsuccessful in obtaining them, Benson filed a peti…
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KELLY, Judge.
North Lakeland Pain and Trauma, Inc. (NLPT) appeals from a final judgment awarding attorney’s fees and costs to June Benson. We reverse the award of fees and affirm the award of costs.
Benson sought to obtain a copy of her medical records from NLPT. When she was unsuccessful, Benson filed a petition to obtain her medical records citing sections 456.057 and 766.204, Florida Statutes (2001). In her petition, she also requested attorney’s fees and costs. After a hearing, the trial court ordered NLPT to deliver the records to Benson. The court also entered a final judgment awarding Benson costs and attorney’s fees. The judgment does not state the basis for the fee award.
Benson argues that the award is justified because the trial court concluded that NLPT forced her to come into court to get the medical records she had requested. However, neither section 456.057 nor section 766.204 authorizes an award of attorney’s fees. In the absence of a statutory basis or contractual provision, a prevailing party is not generally entitled to an award of attorney’s fees. Pines v. Growers Service Co., Inc., 787 So. 2d 85 (Fla. 2d DCA 2001). Accordingly, Benson was not entitled to fees under those statutes.
Benson also argues that the award is justified under section 57.105, Florida Statutes (2001). In the trial court, Benson never suggested that she was entitled to fees under section 57.105, and the trial court made no findings that would support such an award. See P.N. v. D.P., 626 So. 2d 271 (Fla. 2d DCA 1993). Further, other than citing the statute as a possible basis to affirm the trial court, Benson does not suggest how the record in this case supports an award of fees under section 57.105. Accordingly, we reverse the award of attorney’s fees. See Curenton v. Chester, 576 So. 2d 969 (Fla. 5th DCA 1991).
NLPT also challenges the trial court’s award of costs to Benson arguing that there was no statutory basis for the award and that Benson was not the prevailing party. NLPT’s contention that Benson was not the prevailing party is not supported by the record. As the prevailing party, Benson was entitled to recover her costs under section 57.041, Florida Statutes (2001). Accordingly, we affirm the award of costs.
Reversed in part, affirmed in part, and remanded for entry of judgment in accordance with this opinion.
NORTHCUTT and CASANUEVA, JJ., concur.
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Citator
Cited By
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Goldberg v. Watts, 864 So. 2d 59 (Fla. 2d DCA 2003)…warding Watts $8015.58 in attorney’s fees and costs is deficient. Absent a statutory basis or applicable contractual provision, “a prevailing party is not generally entitled to an award of attorney’s fees.” N. Lakeland Pain & Trauma, Inc. v. Benson, 813 So. 2d 1075, 1076 (Fla. 2d DCA 2002). The order in this case fails to provide a statutory basis for the award, and no contractual provision has been asserted as support for the award. Though it may be argued that the award in this case is based on section 57.…
Authorities Cited
- Jackson Curenton, Jr. v. Rass Chester, 576 So. 2d 969 (Fla. 5th DCA 1991)
- P.N. & the State of Fla. v. D.P., 626 So. 2d 271 (Fla. 2d DCA 1993)
- Hatcher v. State, 787 So. 2d 85 (Fla. 2d DCA 2001)