TONYA BLAND
v.
DADE COUNTY FEDERAL CREDIT UNION
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A prevailing party may recover attorney's fees under an alternative fee recovery clause in an amount that exceeds what would be recoverable under a contingency-fee arrangement, provided the contract language is broad enough to encompass fees incurred in litigating the amount of fees themselves.
[1] A prevailing party may recover attorney's fees under an alternative fee recovery clause in an amount exceeding contingency-fee limits when the contract language is broad…
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Join FLexlaw to unlock all legal intelligence“Over twenty years ago, we approved the use of an alternative fee recovery clause to require the losing party to pay prevailing party attorney's fees in an amount that exceeded what the prevailing party would have been required to pay her attorney under the contingency-fee clause of her contract”
The court cited First Baptist Church of Cape Coral, Florida, Inc. v. Compass Const., Inc. for the proposition that alternative fee recovery clauses are permissible.
Tonya Bland appealed a county court decision in a dispute with Dade County Federal Credit Union. The case involved a question of whether attorney's fe…
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PER CURIAM.
Affirmed. Florida Patient’s Comp. Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985); Fla. Patient’s Comp. Fund v. Moxley, 557 So. 2d 863 (Fla. 1990); First Baptist Church of Cape Coral, Florida, Inc., v. Compass Const., Inc., 115 So. 3d 978, 981 (Fla. 2013) (“Over twenty years ago, we approved the use of an alternative fee recovery clause to require the losing party to pay prevailing party attorney's fees in an amount that exceeded what the prevailing party would have been required to pay her attorney under the contingency-fee clause of her contract”) (citing Kaufman v. MacDonald, 557 So. 2d 572, 573 (Fla.1990)). See also Nazarova v. Nayfeld, 339 So. 3d 475, 476-77 (Fla. 3d DCA 2022) (observing that “if the asserted basis for the award of attorney's fees is an underlying contract, and the pertinent contract language is ‘broad enough to encompass fees incurred in litigating the amount of fees,’ a litigant may claim attorney's fees incurred in litigating the amount of attorney's fees.”) (quoting Waverly at Las Olas Condo. Ass'n, Inc. v. Waverly Las Olas, LLC, 88 So. 3d 386, 389 (Fla. 4th DCA 2012)).
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Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bland v. Dade Cnty. Fed. Credit Union, 339 So. 3d 475 (Fla. 3d DCA 2023)
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Bland v. Dade Cnty. Fed. Credit Union (Fla. 3d DCA 2023)…s fees in an amount that exceeded what the prevailing party would have been required to pay her attorney under the contingency-fee clause of her contract”) (citing Kaufman v. MacDonald, 557 So. 2d 572, 573 (Fla.1990)). See also Nazarova v. Nayfeld, 339 So. 3d 475, 476-77 (Fla. 3d DCA 2022) (observing that “if the asserted basis for the award of attorney's fees is an underlying contract, and the pertinent contract language is ‘broad enough to encompass fees incurred in litigating the amount of fees,’ a litiga…1 / 2
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Isbell v. Bohrer (Fla. 4th DCA 2025)
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Fla. Patient's Comp. Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985)
- Kaufman v. MacDONALD, 557 So. 2d 572 (Fla. 1990)
- The Waverly AT LAS Olas Condo. Ass'n, Inc. v. Waverly LAS Olas, LLC, 88 So. 3d 386 (Fla. 4th DCA 2012)
- Fla. Patient's Comp. Fund v. Moxley, 557 So. 2d 863 (Fla. 1990)
- Bland v. Dade Cnty. Fed. Credit Union, 339 So. 3d 475 (Fla. 3d DCA 2023)