HSBC Bank avoided a potential attorney’s fee judgment when the trial judge deemed abandoned a borrower’s post-dismissal motion for costs and attorneys’ fees. In an opinion released this morning, Florida’s Fourth District Court of Appeal affirmed that ruling in the case of Domenic Grosso a/k/a Domenic L. Grosso v. HSBC Bank USA, N.A., 4
Attorney's Fees
Recovering Attorney’s Fees in a Florida Divorce: Need Versus the Ability to Pay
By Fox Rothschild LLP on
Posted in Divorce & Family Law
In a Florida divorce proceeding, courts agree that when considering whether to award attorney’s fees “need and ability to pay” is the primary consideration by the court. The purpose of the fee statute, Fla. Stat. § 61.16, is to insure that both spouses in a divorce proceeding will have a similar ability to obtain competent…
Recovering Attorney’s Fees in a Florida Divorce: Factors Relevant to the Court
By Fox Rothschild LLP on
Posted in Divorce & Family Law
Florida Statute § 61.16 authorizes courts to award attorney’s fees “after considering the financial resources of both parties.” Section 61.16 permits a court to award only a “reasonable amount of attorney’s fees.” This reasonableness requirement applies to both attorney’s fees and costs associated with litigation during a divorce. The critical issue for the court is…
Confirmation that a Joint Offer of Judgment Can be Used to Obtain an Award of Attorney’s Fees in a Construction Lien Case
By David Greene on
Posted in Construction & Real Estate
Florida courts continue to issue interesting and informative opinions about awards of costs and attorney’s fees in construction lien cases. Most recently, Florida’s Second District Court of Appeal issued an en banc opinion in the consolidated cases of Richard O. Wolfe, II and H. Michelle Wolfe v. Culpepper Constructors, Inc., Case No. 2D10-3228 and…