EMMA MONCADA
v.
BEST ONE INSURANCE, INC.
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A trial court's award of attorney's fees is reviewed for abuse of discretion and will not be disturbed absent a clear showing of abuse.
[1] An award of attorney's fees, whether based on contract or statute, is reviewed on appeal under the abuse of discretion standard.
[2] To obtain an award of attorney's fees, the party seeking such fees must demonstrate both the objective speciousness of an opposing party's claim and the subjective bad fa…
Previewing 2 of 2 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“The determination of attorney's fees is within the sound discretion of the trial court and will not be disturbed on appeal, absent a showing of a clear abuse of that discretion.”
Standard of review for attorney's fees awards cited from Elliot v. Pallotti, 654 So. 2d 1300, 1302 (Fla. 5th DCA 1995)
Emma Moncada and others appealed a circuit court decision in Miami-Dade County involving an award of attorney's fees to Best One Insurance, Inc.…
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Opinion filed February 26, 2025. Not final until disposition of timely filed motion for rehearing.
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No. 3D24-0947 Lower Tribunal No. 21-12831-CA-01
________________
Emma Moncada, et al.,
Appellants,
vs.
Best One Insurance, Inc.,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Pedro P. Echarte, Jr., Judge. Barakat + Bossa PLLC, and Brian Barakat, Jocelyne Macelloni and Pavla Vitkova, for appellants. Annesser Armenteros, PLLC, and John W. Annesser and Megan Conkey Gonzalez, for appellee. Before LOGUE, C.J., and SCALES and GORDO, JJ. PER CURIAM. Affirmed. See Glob. Xtreme, Inc. v. Advanced Aircraft Ctr., Inc., 122 So. 3d 487, 490 (Fla. 3d DCA 2013) (“The standard of review for an award of attorney’s fees, whether based on contract or statute, is abuse of discretion.”); Elliot v. Pallotti, 654 So. 2d 1300, 1302 (Fla. 5th DCA 1995) (“The determination of attorney’s fees is within the sound discretion of the trial court and will not be disturbed on appeal, absent a showing of a clear abuse of that discretion.”); Kipu Sys. LLC v. Zencharts LLC, No. 17-24733- CIV, 2021 WL 1891710, at *7 (S.D. Fla. Apr. 6, 2021) (“[T]he party seeking an award of attorney’s fees must show (1) the objective speciousness of an opposing party’s claim, and (2) the subjective bad faith of the opposing party in bringing or maintaining the action for an improper purpose.”) (citation omitted).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Moncada v. Best One Ins., Inc. (Fla. 3d DCA 2025)…. 5th DCA 1995) (“The determination of attorney’s fees is within the sound discretion of the trial court and will not be disturbed on appeal, absent a showing of a clear abuse of that discretion.”); Kipu Sys. LLC v. Zencharts LLC, No. 17-24733- CIV, 2021 WL 1891710, at *7 (S.D. Fla. Apr. 6, 2021) (“[T]he party seeking an award of attorney’s fees must show (1) the objective speciousness of an opposing party’s claim, and (2) the subjective bad faith of the opposing party in bringing or maintaining the action for…
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Akai Custom Guns, LLC v. KKM Precision, Inc. (S.D. Fla. 2025)…t its burden of showing that all the claims against it share a common core of facts and related legal theories and are inextricably intertwined, so that allocation between claims is not feasible. See Kipu Sys. LLC v. Zencharts, LLC, No. 17-CV-24733, 2021 WL 1891710, at *13 (S.D. Fla. Apr. 6, 2021), report and recommendation adopted, No. 17-CV-24733, 2021 WL 4505527 (S.D. Fla. Sept. 30, 2021) (finding claims inextricably intertwined where “all the claims [were] based on a core set of facts" and related legal th…
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Sprint Commc'ns, Inc. v. Calabrese (S.D. Fla. 2025)…); see also Bluegreen Vacations Unlimited, 2024 WL 3738890, at *17 (reducing fees by 20% for block billing where court was unable to determine if the amount of time spent on each task was reasonable); Kipu Sys. LLC v. Zencharts LLC, No. 17-CV-24733, 2021 WL 1891710, at *17 (S.D. Fla. Apr. 6, 2021) (recommending 50% reduction to attorney hours to reflect reasonable amount of time spent on litigation), report and recommendation adopted, 2021 WL 4505527 (S.D. Fla. Sept. 30, 2021). For the foregoing reasons, and…1 / 2
Authorities Cited
- Global Xtreme, Inc. v. Advanced Aircraft Ctr., Inc., 122 So. 3d 487 (Fla. 3d DCA 2013)
- Lifestyle Builders OF Boca, Inc. v. Turesky, 654 So. 2d 1300 (Fla. 4th DCA 1995)
- Moncada v. Best One Ins., Inc. (Fla. 3d DCA 2025)