DROR LEVY, ETC.
v.
ELIEZER TABIB, ETC.
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A trial court's award of attorney's fees under section 772.11, Florida Statutes, for a claim lacking substantial factual or legal support is reviewed for abuse of discretion and shall not be reversed absent competent record support.
[1] A trial court's award of attorney's fees and court costs under section 772.11, Florida Statutes, for a civil theft claim lacking substantial factual or legal support is r…
Previewing 1 of 1 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“section 772.11 provides a civil remedy for theft. It entitles a defendant to recover reasonable attorney's fees and court costs in the trial and appellate courts 'upon a finding that the claimant raised a claim which was without substantial fact or legal support.'”
Explaining the statutory basis for attorney's fees recovery in civil theft actions
Appellants Dror Levy and others brought a civil theft action against Eliezer Tabib and others in Miami-Dade County Circuit Court. The trial court awar…
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Opinion filed January 3, 2024. Not final until disposition of timely filed motion for rehearing.
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No. 3D22-1759 Lower Tribunal No. 21-99
________________
Dror Levy, etc., et al.,
Appellants,
vs.
Eliezer Tabib, etc., et al., Appellees.
An Appeal from the Circuit Court for Miami-Dade County, Michael A. Hanzman, Judge. Boyd Richards Parker Colonnelli, P.L., and Elaine D. Walter, Nathaniel H. Sari and Marcus A. Nielsen, for appellant Dror Levy. Waserstein & Nunez, PLLC, Carlos Nunez-Vivas and John Marfoe, for appellees. Before MILLER, GORDO and BOKOR, JJ. PER CURIAM. Affirmed. See Sher v. Countrywide Home Loans, Inc., 848 So. 2d 1246, 1249 (Fla. 4th DCA 2003) (“The trial court’s ruling concerning an award of fees under [section 772.11, Florida Statutes] is subject to an abuse of discretion standard of review and shall not be reversed absent competent record support.”); Ciaramello v. D’Ambra, 613 So. 2d 1324, 1325 (Fla. 2d DCA 1991) (“[S]ection 772.11 provides a civil remedy for theft. It entitles a defendant to recover reasonable attorney’s fees and court costs in the trial and appellate courts ‘upon a finding that the claimant raised a claim which was without substantial fact or legal support.’” (quoting § 772.11(1), Fla. Stat.)); Nodal v. Infinity Auto Ins. Co., 50 So. 3d 721, 724 (Fla. 2d DCA 2010) (reversing a trial court’s denial of attorney’s fees and costs under section 772.11 only where “no record evidence [supported] the factual or legal basis for [the] civil theft claim”); Alex Hofrichter, P.A. v. Zuckerman & Venditti, P.A., 710 So. 2d 127, 129 (Fla. 3d DCA 1998) (finding “an action for conversion and civil theft will lie where there is a claim that the defendant has misappropriated or embezzled [funds]”) (footnote omitted).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Ciaramello v. D'Ambra, 613 So. 2d 1324 (Fla. 2d DCA 1991)
- Alex Hofrichter, P.A. v. Zuckerman & Venditti, P.A., 710 So. 2d 127 (Fla. 3d DCA 1998)
- Raul F. Nodal, M.D. v. Infinity Auto Ins. Co., 50 So. 3d 721 (Fla. 2d DCA 2010)