C.T., MOTHER OF R.T. & J.T., MINOR CHILDREN, APPELLANT,

v.

DEPARTMENT OF CHILDREN & FAMILIES, APPELLEE

Citator

Cited By

• Fla. Hurricane Prot. & Awning, Inc. v. Ethlyn Pastina, 43 So. 3d 893 (Fla. 4th DCA 2010)
  …at 1283. The statute renders “bilateral a unilateral contractual clause for prevailing party attorney’s fees.” Indem. Ins. Co. of N. Am. v. Chambers, 732 So. 2d 1141, 1143 (Fla. 4th DCA 1999); see also Holiday Square Owners Ass’n, Inc. v. Tsetsenis, 820 So. 2d 450, 453 (Fla. 5th DCA 2002) (holding fee provision becomes bilateral under section 57.105(7), “even though solely in a defensive posture.”) Simply put, the statute means what it says and says what it means; nothing more, nothing less. Our court and ot…

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• Adrianna Mihalyi v. Lasalle Bank, N.A., 162 So. 3d 113 (Fla. 4th DCA 2014)
  …Am. v. Chambers, 732 So. 2d 1141, 1143 (Fla. 4th DCA 1999). Assuming the request for attorney’s fees is properly pled, “[t]he award is mandatory, once the lower court determines that a party has prevailed.” Holiday Square Owners Ass’n v. Tsetsenis, 820 So. 2d 450, 453 (Fla. 5th DCA 2002) (citation omitted). Since LaSalle Bank voluntarily dismissed the foreclosure action against Mi-halyi, she is the prevailing party. In her answer and affirmative defense, Mihalyi properly pled her claims for attorney’s fees,…
• Ajax Paving Indus., Inc. v. The Hardaway Co., 824 So. 2d 1026 (Fla. 2d DCA 2002)
  …ltimately became section 57.105(5) pursuant to ch. 99-225, § 4, at 984, Laws of Fla.); see also Landry v. Countrywide Home Loans, Inc., 731 So. 2d 137, 139 (Fla. 1st DCA 1999) (addressing section 57.105(2)); Holiday Square Owners Ass’n v. Tsetsenis, 820 So. 2d 450, 453-54 (Fla. 5th DCA 2002) (addressing section 57.105(5)). Section 57.105(5) expressly provides, as did its predecessor section 57.105(2), that it applies to all contracts entered into on or after October 1, 1988. Hardaway does not dispute that se…