Florida/Georgia Personal Injury & Workers Compensation

...Two days after filing the supersedeas bond, ANB filed a motion "for assessment of attorney fees and costs incurred in this litigation under the terms of the note sued upon." [2] Appellants filed a memorandum disputing ANB's entitlement to attorney's fees arguing that section 57.115, Florida Statutes (1987), which section provides for post-judgment attorney's fees, was inapplicable because ANB was not forced to bring supplemental proceedings. In addition, appellants asserted that attorney's fees could not be assessed against the guarantors unless their guaranty agreement specifically provided for such liability. ANB responded by arguing that section 57.115 was applicable, and by pointing out that the guaranty provision incorporated the terms of the note including liability for attorney's fees....

...The *804 court found that ANB's attorney spent a total of 90 hours in pre- and post-judgment prosecution of the claim; a fee of $150.00 per hour resulted in an attorney's fee award of $13,500. The judgment did not state whether the award was based upon section 57.115 or upon the terms of the note....

...loan, summary judgment on the basis of merger was inappropriate. With respect to the award of post judgment costs and attorney's fees, the parties agree that the award of attorney's fees was based upon provisions in the note and was not pursuant to section 57.115....

...e relevant statutes must be strictly construed. See Paz v. Hernandez, 654 So. 2d 1243, 1244 (Fla. 3d DCA 1995). In Paz, the court overturned an award of attorney’s fees to the judgment creditor in a garnishment proceeding, which were awarded under section 57.115, Florida Statutes (1993), authorizing an award in connection with execution on a judgment. Paz, 654 So. 2d at 1244. The court held that, without express statutory or case law authority to the contrary, garnishment was not simply another type of execution for which attorney’s fees could be awarded under section 57.115....

...s now revised its plan of reorganization to largely satisfy the claims of all secured and unsecured creditors. Grande argues that it is entitled to an award of postpetition attorneys fees and costs on several alternative grounds: (1) under Fla.Stat. § 57.115, which provides that "[t]he Court may award against a judgment debtor reasonable costs and attorney's fees incurred thereafter by a judgment creditor in connection with execution on a judgment"; (2) under § 506(b) of the Bankruptcy Code, p...

...Grande also seeks a determination of the extent to which its claim for attorneys fees and costs constitutes an administrative expense. The Debtor disputes Grande's legal entitlement to recover fees and costs, arguing that: (1) the language of Fla.Stat. § 57.115 is discretionary rather than mandatory, and its application should not extend into Bankruptcy Court where the Code already provides specific instances in which fees are recoverable; (2) 11 U.S.C....

...Court finds that Grande's postpetition attorneys fees and costs are not part of its claim in this case and do not constitute administrative expenses. Moreover, Grande is not entitled to post-judgment, prepetition fees. DISCUSSION I. Florida Statutes § 57.115 Section 57.115 of the Florida Statutes provides as follows: (1) The court may award against a judgment debtor reasonable costs and attorney's fees incurred thereafter by a judgment creditor in connection with execution on a judgment....

...This provision "allows the discretionary award to a judgment creditor of fees incurred in connection with execution on a judgment." Tower Cranes of America, Inc. v. Monte Campbell Crane Co., 627 So.2d 1350 (Fla. 4th DCA 1993) (affirming trial court's denial of attorneys fees under § 57.115)....

...§ 502(b) (if objection to a claim is made, the court "shall determine the amount of such claim . . . as of the date of the filing of the petition"). To recover postpetition attorneys fees, Grande would have to establish that its claim under Fla.Stat. § 57.115 fits within the confines of those specific Code sections allowing postpetition fees, namely § 506(b) or § 503, or otherwise fits within an exception carved by TranSouth. Because state law cannot provide an independent basis for recovery of postpetition fees outside the scope of § 506(b), § 503, or TranSouth, Grande's § 57.115 argument fails. Grande's motion focuses primarily on postpetition fees but also encompasses a request for postjudgment, prepetition fees under § 57.115....

...Grande has not established any compelling justification for awarding these fees. Second, Grande has not shown that all its legal activities fall into the relatively narrow category of fees incurred in connection with "execution" on a judgment for which § 57.115 permits recovery....

...to a consensual security agreement. This result does not change simply because the agreement underlying the judgment provided for attorneys fees. III. TranSouth Grande also attempts to tie its argument under both the guaranty agreement and Fla.Stat. § 57.115 to the case of TranSouth Financial Corp....

...its fees and expenses as an administrative expense under 11 U.S.C. § 503. CONCLUSION For the reasons discussed above, the Court finds that Grande is not entitled to post-judgment attorneys fees and costs, either as part of its claim under Fla.Stat. § 57.115, 11 U.S.C....

...on the arbitration award, there is no apparent reason to us why the broad scope of this fee provision should not be invoked here as well. Even if the contractual language were somehow insufficient, Broker also established a statutory basis for fees. Section 57.115 states that: "[t]he court may award against a judgment debtor reasonable costs and attorney's fees incurred thereafter by a judgment creditor in connection with execution on a judgment." § 57.115(1), Fla....

...See Airlite Processing Corp. of Fla. v. Atlantic Central Corp., 546 So.2d 1151 (Fla. 4th DCA 1989). We also agree that the former wife is entitled to post-judgment attorney's and receiver's fees and costs until the judgment is fully satisfied. Id. at 1151; § 57.115, Fla....

awarded $20,793 in attorney’s fees pursuant to section 57.115, Florida Statutes. When the bank resumed seeking

...4th DCA 2016). We also unconditionally granted appellate attorney’s fees to the lender. Following our opinion and order, the lender moved for attorney’s fees and costs in the trial court, asserting three grounds for recovery: (1) the note; (2) section 57.115, Florida Statutes; and (3) section 56.29, Florida Statutes. On August 4, 2017, the trial court heard the lender’s motion for attorney’s fees and costs....

...cy court was in fact to “collect” on the note. 3  As for the statutory provisions providing a basis for the judgment for attorney’s fees and costs, the trustee attacks the trial court’s reliance on section 57.115 because the borrower satisfied the note by payment on February 5, 2016....

...judgment,” it was inapplicable here. 1 The lender responds that even though the borrower satisfied the note, he continued to litigate the merits of the underlying judgment and incurred fees in collecting the note and the judgment. We agree with the lender. Section 57.115(1) provides: “The court may award against a judgment debtor reasonable costs and attorney’s fees incurred thereafter by a judgment creditor in connection with execution on a judgment.” The continued litigation over the final judg...

...proceedings after payment was made, and that time was compensable. This section supports the trial court’s award. The trustee then argues that the trial court erred because it did not consider whether the borrower attempted to avoid or evade paying the judgment. See § 57.115(2)(a), Fla....

...ntify fees and costs that should have been excluded. See id. He failed to do so. And, the trial court’s findings are supported by competent, substantial evidence. We therefore affirm the award of attorney’s fees and costs based upon the note and section 57.115(1), Florida Statutes. Affirmed. DAMOORGIAN, J., and FAHNESTOCK, FABIENNE, Associate Judge. * * * Not final until disposition of timely filed motion for rehearing....

...it was conceded by appellant at trial. We do not decide whether this *712 was the correct placement of the burden of proof, but given this allocation the trial court must be affirmed. However, we reverse the award of attorney’s fees to appellees. Section 57.115(1), Florida Statutes (1991) permits the award of attorney’s fees against a judgment debtor in connection with the execution on a judgment....

power and seeking attorney’s fees pursuant to section 57.115, Florida Statutes (2016). The Garnishee filed

...d and treated as a general unsecured claim. Lastly, the issue of whether Holden's $10,000 claim for attorneys' fees should be allowed hinges on whether they were reasonably incurred "in connection with execution" on Holden's judgment. See Fla. Stat. § 57.115; Paz v....

...e relevant statutes must be strictly construed. See Paz v. Hernandez, 654 So. 2d 1243, 1244 (Fla. 3d DCA 1995). In Paz, the court overturned an award of attorney’s fees to the judgment creditor in a garnishment proceeding, which were awarded under section 57.115, Florida Statutes (1993), authorizing an award in connection with execution on a judgment. Paz, 654 So. 2d at 1244. The court held that, without express statutory or case law authority to the contrary, garnishment was not simply another type of execution for which attorney’s fees could be awarded under section 57.115....

...on the two banks and the marina where the boat was located. Upon learning of this, appellants immediately paid the judgment in full plus all accrued interest. Thereafter, Hernandez filed a motion for attorneys’ fees pursuant to sections 57.105 and 57.115, Florida Statutes (1993). After two hearings, the trial court denied attorneys’ fees pursuant to section 57.105 but awarded attorneys’ fees pursuant to section 57.115....

...Rowe, 472 So.2d 1145 (Fla.1985). Thus, the total fee award was $5,250. This appeal followed. Of the numerous issues raised on appeal by appellants, we need only address the issue regarding Hernandez’s entitlement to attorneys’ fees pursuant to section 57.115. Section 57.115(1) provides for an award of reasonable costs and attorneys’ fees against a judgment debtor incurred by a judgment creditor “in connection with execution on a judgment.” Appellants argue that Hernandez is not entitled to an award of attorney’s fees because he did not execute on a judgment....

...Co., Inc., 283 So.2d 570 (Fla. 4th DCA 1973). In the absence of clear statutory language or case law to the contrary, we cannot accept Hernandez’ argument that garnishment is merely another form of execution and therefore he is entitled to attorneys’ fees under section 57.115....

...OKALOOSA hired Broad and Cas-sel to pursue this action and is obligated to pay the firm a reasonable fee for its services. OKALOOSA requests that this court award it the attorneys’ fees and costs incurred in this action pursuant to § 56.29(11), Florida Statutes and § 57.115(1), Florida Statutes....

...011 be applied to the satisfaction of the judgment debt, including the imposition and foreclosure of an equitable lien on real property; and d. Award OKALOOSA costs and attorneys’ fees for these proceedings under § 56.29(11), Florida Statutes and § 57.115(1), Florida Statutes....

...on a provision in the contract as well as under 768.79); Fed. Auto 5 Ins., Inc. v. Bus. Acquisitions Brokerage, Inc., 839 So. 2d 767 (Fla. 4th DCA 2003) (holding party entitled to attorney’s fees under both contract language and section 57.115, Florida Statutes)....

affirm the denial of attorney’s fees under section 57.115, Florida Statutes (1991). That section allows