News & Analysis as of

Fee-Shifting Florida

Lowndes

Florida Senate Bill No. 540 Brings Changes to Comprehensive Plan Challenges and Cost Recovery for Developers

Lowndes on

On May 24, 2023, Governor DeSantis approved Florida Senate Bill No. 540. The bill, which will go into effect on July 1, 2023, provides that the prevailing party in a challenge to a comprehensive plan amendment is entitled to...more

Cozen O'Connor

Florida Enacts Broad Insurance Reforms Focusing on Bad Faith

Cozen O'Connor on

From 2019 to 2022, the Florida Legislature enacted four separate property insurance reforms that sought to rein in abusive property insurance litigation fueled by one-way attorney’s fee shifting and an army of professional...more

Bilzin Sumberg

Florida State Courts Limit Parties’ Abilities to Recover Attorneys’ Fees

Bilzin Sumberg on

In a pair of recent decisions, Florida state courts reined in multiple statutes that allow for the recovery of attorneys’ fees. In one decision, the Florida Supreme Court adopted a relatively narrow reading of Florida’s...more

Lowndes

Pay Attention to Prevailing Party Fee Provisions

Lowndes on

It is routine in Florida leases to consider any prevailing party fee provision as automatically reciprocal due to Section 57.105(7), Florida Statutes. That Statute provides for reciprocity of attorneys’ fees even where a...more

Rumberger | Kirk

Insurers Take Note: Florida's New Assignment of Benefits Law

Rumberger | Kirk on

The Florida Legislature passed House Bill 7065 (“HB 7065” or the “Act”), which takes effect today, July 1, 2019, as Section 627.7152, Florida Statutes. The Act regulates post-loss assignment of benefits (“AOB”) contracts...more

Carlton Fields

Florida Legislature Passes Sweeping Assignment of Benefits Legislation

Carlton Fields on

Significant changes appear to be in the pipeline for Florida property insurers after the Florida legislature passed sweeping assignment of benefits (AOB) reform legislation last week....more

Butler Weihmuller Katz Craig LLP

Not so Fast! The Confession of Judgment Doctrine in Dispute-Over-Amount Cases

Florida law allows an insured to recover attorney’s fees if the insured prevails in a lawsuit against the insurer for insurance benefits. See § 627.428, Florida Statutes....more

Burr & Forman

Florida Supreme Court Accepts Jurisdiction in Glass on Fee Issue in Foreclosures

Burr & Forman on

On February 13, 2018, the Florida Supreme Court accepted jurisdiction in an appeal emanating from a hot button issue in contested foreclosures – can the borrower in a foreclosure secure an award of contractual attorney’s fees...more

Carlton Fields

Fraud-Free Sunsets: How Financial Professionals Can Deter Financial Elder Abuse in Florida and Reduce Their Own Liability Exposure

Carlton Fields on

Investment advisers, securities brokers, and other financial professionals who work directly with clients who are age 60 and older have two reasons to learn more about Florida’s financial elder abuse laws....more

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