THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, A NEW JERSEY CORPORATION, APPELLANT,
v.
DOROTHY T. LAMM, APPELLEE
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Prudential appeals a judgment in an insurance dispute where the trial court awarded the plaintiff $3,000 in policy benefits plus $3,500 in attorney's fees. The court held that attorney's fees must be counted as damages for jurisdictional purposes, causing the total judgment to exceed the Civil Court of Record's $5,000 limit, requiring transfer to Circuit Court.
Attorney's fees recoverable by statute are treated as an element of damages, not as 'costs,' unless the statute specifically designates them as costs. Since § 627.0127 does not specifically provide that attorney's fees are costs, they must be considered as damages, bringing the total judgment over the Civil Court of Record's jurisdictional limit.
“attorney's fees recoverable by statute are to be regarded as "costs" only when made so by statute. Otherwise, they are to be treated as an element of damages.”
Establishes the governing rule that statutory attorney's fees are damages, not costs, unless the statute explicitly designates them otherwise.
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Join FLexlaw to unlock all legal intelligenceLamm brought suit in the Civil Court of Record in Dade County, Florida, seeking $3,000 plus interest and costs under an insurance policy issued by Pru…
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The plaintiff, Lamm, brought suit in the Civil Court of Record in and for Dade County, Florida, pursuant to Fla.Stat. § 627.0127, F.S.A. She sought recovery of three thousand dollars, plus interest and costs, allegedly due her under an insurance policy issued by the defendant, Prudential, and a reasonable attorney’s fee as provided for by the statute.
The trial court entered final judgment for the plaintiff and then awarded her attorneys a fee of three thousand five hundred dollars; the total amount exceeding six thousand dollars. Thus, one of the questions before us is whether the trial court exceeded its jurisdictional limitation of five thousand dollars, exclusive of interest and costs. Fla.Stat. §§ 33.02 and 33.14, F.S.A.
In State ex rel. Royal Ins. Co. v. Barrs, 87 Fla. 168, 99 So. 668, (1924), our Supreme Court held that attorney’s fees recoverable by statute are to be regarded as “costs” only when made so by statute. Otherwise, they are to be treated as an element of damages. Since Fla.Stat. § 627.0127, F.S.A. does not specifically provide that attorney’s fees are to be regarded as costs, we must consider them as an element of the plaintiff’s damages, bringing the amount of the judgments herein over the jurisdictional limit of the Civil Court of Record.
In Henry’s Drive-In, Inc. v. Ideal Rock Products Co., Fla.App.1962, 140 So. 2d 137, this court held, citing State ex rel. Royal Ins. Co. v. Barrs, supra, that attorney’s fees are to be computed in determining the jurisdictional amount of the Civil Court of Record—even though only “reasonable fees” were sought. Cf. Riess v. Goldman, Fla.App.1967, 196 So.2d 184; and Ortiz v. Ortiz, Fla.App.1967, 208 So. 2d 857.
When the trial court determined that the total amount of these judgments would exceed its jurisdictional limits, it should have transferred the cause to the appropriate forum. [See] Henry’s Drive-In, Inc., supra.
The judgments herein are, therefore, vacated and the cause remanded so that it may be transferred to the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida, for retrial of the issues involved herein in the court of proper jurisdiction.
It is so ordered.
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White v. Marine Transp. Lines, Inc., 372 So. 2d 81 (Fla. 1979)…nt are inap-posite. It also contends that the exact issue here under review was resolved adversely to appellant in Henry’s Drive-In, Inc. v. Ideal Rock Products Co., 140 So. 2d 137 (Fla. 3d DCA 1962), and Prudential Insurance Co. of America v. Lamm, 218 So. 2d 219 (Fla. 3d [*83] DCA 1969). In the former case the civil court of record for Dade County entered a judgment which included an award of attorneys’ fees exceeding the jurisdictional limit of the court. The district court of appeal noted that the jurisdi…
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Robert B. Smith, M.D. v. Sitomer, 550 So. 2d 461 (Fla. 1989)…Patient’s Compensation Fund v. Sitomer, 524 So. 2d 671 (Fla. 4th DCA 1988). We accepted jurisdiction based on conflict with State ex rel. Royal Insurance Co. v. Barrs, 87 Fla. 168, 99 So. 668 (1924), and Prudential Insurance Co. of America v. Lamm, 218 So. 2d 219 (Fla. 3d DCA), cert. denied, 225 So. 2d 529 (Fla.1969). Art. V, § 3(b)(3), Fla. Const. In light of our recent decision in Spiegel v. Williams, 545 So. 2d 1360 (Fla. 1989), we quash the opinion below. Respondent, Sitomer, obtained a judgment for $1,…
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Preuss v. United States Fire Ins. Co., 414 So. 2d 249 (Fla. 4th DCA 1982)…d be interpreted to permit the recovery of such fees and costs. Attorneys fees constitute an element of damage recoverable by an indemnitee when his insurance company wrongfully fails to defend. See, Prudential Insurance Company of America v. Lamm, 218 So. 2d 219 (Fla. 3d DCA 1969), cert. denied, 225 So. 2d 529 (Fla.1969); Morse Auto Rentals, Inc. v. Dunes Enterprises, Inc., 198 So. 2d 652 (Fla. 3d DCA 1967); Fountainebleau Hotel Corporation v. Postol, 142 So. 2d 299 (Fla. 3d DCA 1962). Moreover, the trial c…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- The State of Fla. ex rel. Royal Ins. Co. v. Burton Barrs, 87 Fla. 168 (Fla. 1924)
- Riess v. Goldman, 196 So. 2d 184 (Fla. 3d DCA 1967)
- Henry's Drive-In, Inc. v. Ideal Rock Prods. Co., 140 So. 2d 137 (Fla. 3d DCA 1962)
- Ortiz v. Ortiz, 208 So. 2d 857 (Fla. 3d DCA 1967)