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Florida Statute 57.115 | Lawyer Caselaw & Research
F.S. 57.115 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 57.115

The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 57
COURT COSTS
View Entire Chapter
F.S. 57.115
57.115 Execution on judgments; attorney’s fees and costs.
(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.
(2) In determining the amount of costs, including attorney’s fees, if any, to be awarded under this section, the court shall consider:
(a) Whether the judgment debtor had attempted to avoid or evade the payment of the judgment; and
(b) Other factors as may be appropriate in determining the value of the services provided or the necessity for incurring costs in connection with the execution.
History.s. 13, ch. 87-145.

F.S. 57.115 on Google Scholar

F.S. 57.115 on Casetext

Amendments to 57.115


Arrestable Offenses / Crimes under Fla. Stat. 57.115
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 57.115.



Annotations, Discussions, Cases:

Cases from cite.case.law:

CASSEDY, Jr. v. WOOD,, 263 So. 3d 300 (Fla. App. Ct. 2019)

. . . . 4th DCA 2003) (holding party entitled to attorney's fees under both contract language and section 57.115 . . .

B. WEBBER, II, FOR J. KEITEL, III, FJK IV a v. B. D AGOSTINO,, 251 So. 3d 188 (Fla. App. Ct. 2018)

. . . fees and costs in the trial court, asserting three grounds for recovery: (1) the note; (2) section 57.115 . . . the judgment for attorney's fees and costs, the trustee attacks the trial court's reliance on section 57.115 . . . Section 57.115(1) provides: "The court may award against a judgment debtor reasonable costs and attorney's . . . See § 57.115(2)(a), Fla. Stat. . . . We therefore affirm the award of attorney's fees and costs based upon the note and section 57.115(1), . . .

MARTINEZ, Jr. M. D. v. GOLISTING. COM, INC. d b a, 233 So. 3d 1190 (Fla. Dist. Ct. App. 2017)

. . . support and subject to the court’s full contempt power and seeking attorney’s fees pursuant to section 57.115 . . .

SUNTRUST BANK, v. ARROW ENERGY, INC., 199 So. 3d 1026 (Fla. Dist. Ct. App. 2016)

. . . attorney’s fees to the judgment creditor in a garnishment proceeding, which were awarded under section 57.115 . . . garnishment was not simply another type of execution for which attorney’s fees could be awarded under section 57.115 . . .

M. BOLTON B. v. SE PROPERTY HOLDINGS, LLC,, 127 So. 3d 746 (Fla. Dist. Ct. App. 2013)

. . . judgment for supplemental attorney’s fees and was awarded $20,793 in attorney’s fees pursuant to section 57.115 . . .

OKALOOSA NEW OPPORTUNITY, LLC, v. LD PROJECTS, LLC,, 109 So. 3d 1209 (Fla. Dist. Ct. App. 2013)

. . . the attorneys’ fees and costs incurred in this action pursuant to § 56.29(11), Florida Statutes and § 57.115 . . . OKALOOSA costs and attorneys’ fees for these proceedings under § 56.29(11), Florida Statutes and § 57.115 . . .

In BROWARD KITCHENS BATHS, INC., 429 B.R. 350 (Bankr. S.D. Fla. 2010)

. . . . § 57.115; Paz v. Hernandez, 654 So.2d 1243 (Fla.3d D.C.A.1995). . . .

VICK, v. VICK, Jr., 993 So. 2d 1135 (Fla. Dist. Ct. App. 2008)

. . . Id. at 1151; § 57.115, Fla. Stat. (2007); § 57.041, Fla. Stat. (2007); § 59.46, Fla. Stat. (2007). . . .

FEDERAL AUTO INSURANCE, INC. v. BUSINESS ACQUISITIONS BROKERAGE, INC., 839 So. 2d 767 (Fla. Dist. Ct. App. 2003)

. . . 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 . . .

In VULPETTI,, 182 B.R. 923 (Bankr. S.D. Fla. 1995)

. . . . § 57.115, which provides that “[t]he Court may award against a judgment debtor reasonable costs and . . . Grande’s legal entitlement to recover fees and costs, arguing that: (1) the language of Fla.Stat. § 57.115 . . . Florida Statutes § 57.115 Section 57.115 of the Florida Statutes provides as follows: (1) The court may . . . recover postpetition attorneys fees, Grande would have to establish that its claim under Fla.Stat. § 57.115 . . . relatively narrow category of fees incurred in connection with “execution” on a judgment for which § 57.115 . . .

PAZ v. F. HERNANDEZ,, 654 So. 2d 1243 (Fla. Dist. Ct. App. 1995)

. . . Thereafter, Hernandez filed a motion for attorneys’ fees pursuant to sections 57.105 and 57.115, Florida . . . court denied attorneys’ fees pursuant to section 57.105 but awarded attorneys’ fees pursuant to section 57.115 . . . 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 . . . garnishment is merely another form of execution and therefore he is entitled to attorneys’ fees under section 57.115 . . .

BAY FINANCIAL SAVINGS BANK, F. S. B. f k a v. E. HOOK,, 648 So. 2d 305 (Fla. Dist. Ct. App. 1995)

. . . with prejudice and the Bank sought an award of attorney’s fees in accordance with sections 57.105 and 57.115 . . .

OCEAN CRUISE LINES, INC. v. GREENAGE ASSOCIATIONS, INC., 643 So. 2d 711 (Fla. Dist. Ct. App. 1994)

. . . Section 57.115(1), Florida Statutes (1991) permits the award of attorney’s fees against a judgment debtor . . .

TOWER CRANES OF AMERICA, INC. v. MONTE CAMPBELL CRANE COMPANY, INC., 627 So. 2d 1350 (Fla. Dist. Ct. App. 1993)

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

FLORIDA POTTERY STORES OF PANAMA CITY, INC. C. J. v. AMERICAN NATIONAL BANK,, 578 So. 2d 801 (Fla. Dist. Ct. App. 1991)

. . . ANB responded by arguing that section 57.115 was applicable, and by pointing out that the guaranty provision . . . The judgment did not state whether the award was based upon section 57.115 or upon the terms of the note . . . the award of attorney’s fees was based upon provisions in the note and was not pursuant to section 57.115 . . .

UNITED STATES v. N. HARDAGE, ADVANCE CHEMICAL COMPANY, v. ABCO, INC., 750 F. Supp. 1460 (W.D. Okla. 1990)

. . . 57.114 In August 1986 ERM-Southwest performed outcrop reconnaissance mapping both on and off-site. 57.115 . . .

SECURITIES INVESTOR PROTECTION CORPORATION, v. POIRIER,, 653 F. Supp. 63 (D. Or. 1986)

. . . Defendants also move to dismiss plaintiffs’ claims under the analogous Oregon statutes, O.R.S. 57.115 . . . Defendants’ motions to dismiss plaintiffs’ § 10(b), Rule 10b-5 claims and analogous claims under O.R.S. 57.115 . . .