Florida/Georgia Personal Injury & Workers Compensation

...refusal to award attorney's fees under section 57.105, Florida Statutes (1981), for the city's frivolous defense of their claim for fees arising from the federal civil rights action. Lastly, the council members claim appellate attorney's fees under section 59.46, Florida Statutes (1987)....

...(1981), states: The court shall award a reasonable attorney's fee to the prevailing party in any civil action in which the court finds that there was a complete absence of a justiciable issue of either law or fact raised by the losing party. [10] They are not entitled to recover under § 59.46, Fla....

...l here were obviously necessary to defend the original award. Further, Kingsland's collateral attack on the fee award was in the nature of a belated appeal, and the majority decision is based primarily on that view. Although not directly applicable, section 59.46(1), Florida Statutes (1981), affords a further basis to conclude Bowman is entitled to have a reasonable attorney's fee assessed by the trial court on remand....

...[3] Further, appellant did not allege or show that the evidence regarding fees presented at the hearing on the motion to vacate was newly discovered, which, by due diligence, could not have been discovered in time to move for a rehearing. Fla.R.Civ.P. 1.540(b). [4] Section 59.46(1), Florida Statutes (1981), provides: In the absence of an expressed contrary intent, any provision of a statute or of a contract entered into after October 1, 1977, providing for the payment of attorney's fees to the prevailing party...

...[2] Cheek argues that fees are not authorized in connection with this proceeding because the *980 provision at issue does not expressly provide for appellate fees. We do not agree and find that McGowan is entitled to fees incurred in defending the judgment in its favor in this Court. Section 59.46, Florida Statutes (1985) provides that "[i]n the absence of an expressed contrary intent, any provision of a statute or of a contract ..., providing for the payment of attorney's fees to the prevailing party shall be construed to includ...

...ncurred on appeal. Ohio Realty Inv. Corp. v. Bank of West Palm Beach, 300 So.2d 679, 682 (Fla.1974); see Vantage Broadcasting Co. v. Wint Radio, Inc., 496 So.2d 969 , 969 n. 1 (Fla. 1st D.C.A.1986) (noting that this rule has since been superseded by § 59.46 Fla.Stat.Ann., as to all contracts entered into after October 1, 1977, but controls all cases in which the promissory note was executed before the statutory date)....

...NOTES [1] Even at the time it moved to vacate the default, T.I.E. did not attempt to file a written answer to the complaint. [2] Our holding makes it unnecessary to consider whether T.I.E. had meritorious defenses to the action. [3] Although the statute does not specifically authorize attorneys' fees on appeal, Section 59.46, Florida Statutes (1979), when read in conjunction with Section 57.105, authorizes such fees....

...The difficulty is not in ascertaining the authority for such fees, but in formulating consistent rules to govern the exercise of that authority. For example, some courts, in considering attorney's fees for dissolution appeals, have utilized the "prevailing party" theory stemming from section 59.46(1), Florida Statutes (1981)....

...s on appeal. See Visoly v. Security Pac. Credit Corp., 768 So.2d 482 (Fla. 3d DCA 2000); Freedom Commerce Ctr. Venture v. Ranson, 823 So.2d 817 (Fla. 1st DCA 2002). Entitlement to appellate attorneys fees under section 57.105 can be based in part on section 59.46, which states that a statute providing for attorney's fees to the prevailing party in the trial court "shall be construed to include the payment of attorney's fees to the prevailing party on appeal" [1] *418 These two statutes can be used together to support a claim for attorney's fees on appeal....

...(1979), and we recognize that if one of those exceptions is applicable at the trial (i.e., hearing) level, and the claimant prevails on such an exception at the appellate level, then this court would be authorized to award appellate attorney's fees. See § 59.46(1), Fla....

...He sought to obtain access to the employment records of the Marion County Hospital District, d/b/a Munroe Regional Medical Center, pursuant to Chapter 119, Florida's Public Records Act. Douglas also seeks an award of attorney fees pursuant to sections 119.12(1) [1] and 59.46, [2] Florida Statutes *938 (1979)....

...en filed against an agency to enforce the provisions of this chapter and the court determines that such agency unreasonably refused to permit public records to be inspected, the court shall assess a reasonable attorney's fee against such agency. [2] Section 59.46, Florida Statutes (1979), provides in pertinent part: (1) In the absence of an expressed contrary intent, any provision of a statute ......

...(1979), and we recognize that if one of those exceptions is applicable at the trial (i.e., hearing) level, and the claimant prevails on such an exception at the appellate level, then this court would be authorized to award appellate attorney's fees. See § 59.46(1), Fla....

...4th DCA 1977). However, that case is clearly not controlling. In Florida Glass, the court first noted that § 713.29, Fla. Stat. (1975), authorized the award of attorney's fees to the prevailing party at the trial level. The court then *1201 observed that under § 59.46, Fla....

...providing for the payment of attorney's fees to the prevailing party ... shall be construed to include the payment of attorney's fees to the prevailing party... on appeal." Thus, the Florida Glass decision held that "Section 713.29 when construed in the light of Section 59.46 now permits recovery of attorney's fees by the prevailing party on appeal." 353 So.2d at 597. After so holding, the court parenthetically stated that since its determination of the appeal took place after the effective date of § 59.46, Fla....

...ss of the fees to be awarded appellants, but shall redetermine the reasonableness of the award to appellees, and in each instance should consider all relevant factors appearing in the resolution of this case. See generally 12 Fla.Jur.2d Costs § 36; § 59.46, Florida Statutes (1979)....

...property damage to the stage. Tall Pony cross-appeals, contesting the district court's decision limiting its recovery against Seven Seas to $234,000. Tall Pony also seeks attorney's fees in connection with the instant appeal pursuant to Fla. Stat. § 59.46. Following the district court's decision, Tropical filed a motion to tax costs pursuant to Fed.R.Civ.P. 54(d) with respect to the dismissal of Tall Pony's failure to procure insurance claim....

...re of Tall Pony's claimed loss for the physical damage to the stage. Because we reverse the district court's award of attorney's fees in favor of Tall Pony, we conclude that an award of appellate attorney's fees to Tall Pony pursuant to Fla. Stat. § 59.46 would be improper. See Fla. Stat. § 59.46 (providing for the payment of attorney's fees "to the prevailing party on appeal"). C....

...Pony is not entitled to consequential damages under the Seven Seas policy; (5) we REVERSE the district court's award of attorney's fees in favor of Fireman's Fund/Tall Pony and against Seven Seas and deny Tall Pony's claim for costs on appeal pursuant to Fla. Stat. § 59.46; and (6) we further REMAND the case to the district court with instructions to modify its various judgments and for further proceedings consistent with this opinion. 

...It is the latter aspect of the Circuit Court order which petitioners claim is a departure from the essential requirements of law. Petitioners contend that the contract of indemnity relied upon by the respondents does not specifically provide for attorney's fees on appeal. Therefore, since the contract in question predates Section 59.46, Florida Statutes (1977), [1] no allowance can be made for appellate attorney's fees incurred by the indemnitee....

...demnity contract all attorney's fees incurred are a part of the indemnitee's damages. Accordingly, we find no departure from the essential requirements of law and the petition for writ of certiorari is denied. CROSS and LETTS, JJ., concur. NOTES [1] Section 59.46, Florida Statutes (1977), provides that a statute or contract providing for payment of attorney's fees shall be construed to include appellate attorney's fees.

...(3) Review of orders entered pursuant to this subdivision shall be by motion filed in the court within 30 days of rendition. [3] Section 742.045 of the paternity statute does not authorize appellate fees. It is almost identical to section 61.16, but for the conspicuous absence of authority to award appellate fees. Even section 59.46 does not help Linn's case, as it provides, "In the absence of an expressed contrary intent, any provision of a statute or of a contract entered into after October 1, 1977, providing for the payment of attorney's fees to the prevailing p...

...s on this appeal "in an amount to be determined by the district court upon remand." Defendants-appellants filed their objections. 2 Defendants-appellants base their opposition on the failure of the plaintiff-appellee to comply with the provisions of Section 59.46, Fla.Stat. (1981), which reads as follows: 59.46 Attorney's Fees 3 * * * 4 * * * 5 (2) When attorney's fees are allowable by law for services in the appellate court, the request therefor shall be presented by motion filed with the clerk of the appellate court at or before the time of filing the party's first brief....

...The assessment of attorney's fees may be remanded to the trial court. 6 Appellants urge that this Court is bound by the decision of the Court of Appeals for the Fifth Circuit in Blasser Brothers, Inc. v. Northern Pan American Line, 628 F.2d 376 (5th Cir.1980), 1 which held that the provisions of Section 59.46 of the Florida Code were binding in a diversity action arising in the State of Florida....

...for modification of the judgment to include a provision for attorney's fees. The trial court overruled this motion and held that the allowance of attorney's fees under this Section constituted an element of costs. Appellee, therefore, contends that Section 59.46 is not applicable because what we are dealing with in the case before us is a motion by counsel for the inclusion of an attorney's fee covering the services performed on appeal as to an item which the trial court has determined to be a part of the costs to be taxed against the party ultimately cast in the action....

...Upon remand to the district court, the court shall assess a reasonable attorney's fee for the services of counsel on this appeal. RONEY, Circuit Judge, dissenting: 14 I respectfully dissent from the award to appellee of attorney's fees for services on this appeal. This Court has previously held that Section 59.46(2) of the Florida Code, which prescribes the filing time for recovery of attorney's fees on appeal, must be followed in a federal diversity action involving Florida law. Blasser Brothers, Inc. v. Northern Pan American Line, 628 F.2d 376, 386 (5th Cir.1980). Here, plaintiff-appellee did not comply with Section 59.46(2). 15 Blasser is not distinguishable on the basis that a different statutory grant of attorney's fees was involved in that case. Although the Florida legislature has described the nature of attorney's fees in different ways, it has decreed in Section 59.46(2) that a universal procedure be adhered to when asserting the right to those fees on appeal. Section 59.46(2) draws no distinction between attorney's fees as part of the judgment and attorney's fees as costs....

...However, we reverse that provision of the final judgment denying attorney's fees and remand for the trial court to determine and award the mortgagee a reasonable attorney's fee for services in the trial court and in the appellate court. [1] AFFIRMED in part; REVERSED in part. DAUKSCH, C.J., and COBB, J., concur. NOTES [1] Section 59.46(1), Florida Statutes (1979), provides that a contract entered into after October 1, 1977, which provides for payment of attorney's fees to a prevailing party shall be construed to include the payment of attorney's fees to the prevailing...

...The losing party in Silverberg v. Paine, Webber, Jackson & Curtis, Inc., 724 F.2d 1456 (11th Cir.1983), appealed the award of attorneys' fees to the prevailing party after entry of final judgment by the Court of Appeals. The prevailing party, it was argued, had not complied with Section 59.46, Florida Statutes, which requires a motion for attorneys' fees on appeal to be filed with the appellate court at or before the time of filing the party's first brief....

...mplete, typed address contained within the body of the guaranties. On this record summary judgment should not have been entered. The Adlers have requested attorney's fees on appeal pursuant to subsection 57.105(2), Florida Statutes (Supp. 1988), and section 59.46, Florida Statutes (1987)....

...Tyler, 890 So.2d 246, 252 (Fla.2004); Harris v. Richard N. Groves Realty, Inc., 315 So.2d 528, 529 (Fla. 4th DCA 1975). Accordingly, Progressive is not entitled to attorneys' fees. RMA has petitioned for attorneys' fees under three Florida Statutes — sections 59.46, 627.428, and subsection 627.736(8). Section 59.46, Florida Statutes, provides: In the absence of an expressed contrary intent, any provision of a statute or of a contract entered into after October 1, 1977, providing for the payment of attorney's fees to the prevailing party shall be c...

...ed to include the payment of attorney's fees to the prevailing party on appeal. This statute is inapplicable for two reasons. First, it recognizes that the prevailing party may be entitled to attorneys' fees. RMA is not the prevailing party. Second, section 59.46 depends on the existence of a statute or contract term providing for attorneys' fees and simply extends that provision to appellate fees....

...Such a finding is tantamount to a conclusion that the claim was frivolous when filed, or later became frivolous. See Wendy's of N.E. Fla., Inc. v. Vandergriff, 865 So.2d 520 (Fla. 1st DCA 2003). Section 57.105 can also be the basis for an award of appellate attorney's fees, in accordance with section 59.46, Florida Statutes (2006)....

...asonable sum. Chapter 440, Florida Statutes (1979) contained no specific authorization for the award of appellate attorney's fees at the time that the injury occurred. However, this Court has previously determined that a fee is awardable pursuant to Section 59.46, Florida Statutes (1979) where an attorney's fee was awardable at the hearing level under Section 440.34(2)(a)-(c), Florida Statutes (1979)....

...d faith. Seeking payment of her attorney's fees on appeal, the claimant has once again alleged bad faith. If the employer/carrier is found by the deputy to be liable for fees in the proceedings below, the claimant is also entitled to fees on appeal. § 59.46(1), Florida Statutes (1977)....

...4th DCA 1982) (noting police officers have a common-law right as citizens to make citizen’s arrests). . We find it noteworthy that Appellee neither addressed in the answer brief Appellants’ main argument that the trial court lacked in rem jurisdiction nor filed a response to Appellants’ motion for fees and damages. . Section 59.46, Florida Statutes, also provides: "In the absence of an expressed contrary intent, any provision of a statute ......

...Shaw, 334 So.2d 13 (Fla. 1976); Pfohl v. Pfohl, 345 So.2d 371 (Fla. 3d DCA 1977). *346 The wife's former attorneys have also filed a motion here in their own name seeking an award of attorney's fees pursuant to Section 61.16, Florida Statutes (1979) [as amplified by § 59.46(1), Fla....

...cost to the other party of maintaining or defending any proceeding under this chapter, including enforcement and modification proceedings. The court may order that the amount be paid directly to the attorney, who may enforce the order in his name." Section 59.46(1), Florida Statutes (1979), provides as follows: "In the absence of an expressed contrary intent, any provision of a statute or of a contract entered into after October 1, 1977, providing for the payment of attorney's fees to the preva...

...ty. Southeast's position is not well taken. A receiver is an officer of the court, and is entitled to reasonable compensation, including a reasonable sum for attorney's fees. See Feemster v. Schurkman, 291 So.2d 622, 629 (Fla. 3d DCA 1974); see also § 59.46, Fla....

...Under such circumstances, the trial court, on remand, should quiet title to the subject property in favor of Judith. With regard to attorney's fees, each party has moved for an award of appellate attorney's fees based on a prevailing party provision contained in the contract for sale and purchase. Section 59.46, Florida Statutes, extends the entitlement to fees to those incurred on appeal....

...4th DCA 2003) (holding that the party opposing an award of fees bears the burden of pointing out with specificity which hours should be deducted). Canevari is also entitled to appellate attorneys' fees in an amount to be determined by the trial court on remand. § 59.46, Fla....

...State Farm prevailed below on the merits and obtained a final judgment. Appellants, Luis Sanchez and Martha Sanchez, State Farm's insureds, initiated an appeal of the final judgment but recently filed a notice of voluntary dismissal, which this Court has recognized. State Farm's motion for fees remains pending below. Section 59.46 of the Florida Statutes (2007), provides: 59.46 Attorney's Fees.— In the absence of an expressed contrary intent, any provision of a statute or of a contract entered into after October 1, 1977, providing for the payment of attorney's fees to the prevailing party shall be construed to include the payment of attorney's fees to the prevailing party on appeal....

...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. Stat. (2007); § 57.041, Fla. Stat. (2007); § 59.46, Fla....

410 So.2d 501, 505-06 (Fla.1982).1 Moreover, section 59.46, Florida Statutes, provides that, “[i]n the

...ppellants in their counterclaim. We have noted the contention that a part of the fees awarded were for services rendered on two interlocutory appeals, and that fees for appellate services are not allowable in this case since it predated enactment of Section 59.46, Florida Statutes (1977)....

attorney’s fee provision, which by virtue of section 59.46, Florida Statutes, includes appellate attorney’s

...The Supreme Court in Sunbeam Enterprises, Inc. v. Upthegrove, 316 So.2d 34 (Fla. 1975), held that Section 713.29 referred only to attorney's fees at the trial level and did not provide for the allowance of such fees on appeal. Since that time the Legislature has enacted an amended version of Section 59.46, Florida Statutes, which took effect on October 1, 1977....

...(Chapter 77-76, Laws of Florida.) In the absence of an expressed contrary intent, any provision of statute or contract entered into after October 1, 1977, providing for the payment of attorney's fees to the prevailing party, shall be construed to include the payment of attorney's fees to the prevailing party on appeal. Section 59.46(1), Florida Statutes (1977) We conclude that the phrase, "entered into after October 1, 1977," refers only to contracts and has no bearing on the time of enactment of statutes. We therefore hold that Section 713.29 when construed in the light of Section 59.46 now permits recovery of reasonable attorney's fees by the prevailing party on appeal. Because the amended version of Section 59.46 took effect on October 1, 1977, and this court's determination of this appeal occurred after that date, the appellee, as the prevailing party, is entitled to the payment of reasonable attorney's fees on appeal....

...nse that the contract was unconscionable. Instead, the trial court held that the back-up contract never became binding due to the closing which occurred under the first contract. Finally, we grant appellees' motion for appellate attorney's fees. See § 59.46, Fla....

REMANDED. DAUKSCH and SHARP, JJ., concur. . See § 59.46, Fla.Stat. (1981). . See §§ 57.041 and 57.071

...s Property Insurance Corporation in litigation concerning the scope of a release signed by appellants, Citizens moved for rehearing of our order denying its motion for attorney’s fees, citing to paragraphs 4 and 5 of the release and also citing to section 59.46, Florida Statutes (2019)....

...and specify the particular contractual, statutory, or other substantive basis for an award of fees on appeal.” Hembd v. Dauria, 859 So. 2d 1238, 1240 (Fla. 4th DCA 2003) (quoting United Servs. Auto. Ass’n v. Phillips, 775 So. 2d 921, 922 (Fla. 2000)). Section 59.46 provides that a statutory or contractual provision for an award of attorney’s fees to the prevailing party shall be construed to include attorney’s fees to the prevailing party on appeal. § 59.46, Fla....

...ngs consistent with this opinion. AFFIRMED in part, REVERSED in part and REMANDED with directions. ERVIN, WIGGINTON and BARFIELD, JJ., concur. . The above rule has since been superseded by statute, as to contracts entered into after October 1, 1977, Section 59.46, Florida Statutes, by allowing the payment of fees to the prevailing party on appeal, but the rule remains applicable to the instant cause in that the promissory note authorizing the award of fees was executed before the statutory date.

207(7)©, Florida Statutes (1993). We disagree. Section 59.46, Florida Statutes (1993), provides: In the absence

...5th DCA 1994), admitting that the motion should have been granted. We reverse and remand to the trial court to set aside the order. We also grant the appellant’s motion for attorney’s fees and we remand to the trial court to determine and assess reasonable attorney’s fees for this appeal. See § 59.46, Fla....

...AMENDED MOTION FOR ATTORNEY’S FEES GLICKSTEIN, Judge. In an earlier case this court denied appellate attorney’s fees claimed under a note provision that lacked the language of mutuality of relief we thought to be implicitly required, to activate section 59.46, Florida Statutes (1985)....

...e or contract that provides for payment of attorney’s fees to the prevailing party, absent an expressed contrary intent. In the recent case of Cheek v. McGowan Electric Supply Co., 511 So.2d 977, 980 (Fla.1987), the Florida Supreme Court held that section 59.46, Florida Statutes (1985), extends a contractual attorney’s fee provision to appellate attorney’s fees even *91 though the subject contractual fee provision is unilateral....

...of then-existing law [sic] those material facts.” During the pendency of this appeal, BankUnited filed a motion with this Court, “pursuant to Rules 9.300 and 9.400(b), Florida Rules of Appellate Procedure” and “Sections 57.105 and 59.46, Florida Statutes.” BankUnited’s motion seeks appellate level fees for what BankUnited characterizes as an appeal taken from a frivolous trial court action. II....

...Analysis BankUnited argues that, because the trial court determined that BankUnited was entitled to fees as a sanction pursuant to section 57.105, this Court must also award BankUnited entitlement to appellate fees, pursuant to sections 57.105 and 59.46. Section 59.46 reads, in relevant part, as follows: Attorney’s fees....

...to include the payment of attorney’s fees to the prevailing party on appeal. 3  Essentially, BankUnited suggests that section 57.105 is a prevailing party fee statute as contemplated in section 59.46, and therefore, BankUnited is entitled to appellate fees simply because BankUnited prevailed on the appeal....

...Section 673.106 Florida Statutes (1985), permits such a provision in a negotiable instrument. We start with the principle that a statute in derogation of common law must be strictly construed; and at common law, an attorney’s fee would not have been recoverable. Section 59.46, Florida Statutes (1985), provides: In the absence of an expressed contrary intent, any provision of a statute or of a contract entered into after October 1, 1977, providing for the payment of attorney’s fees to the prevailing party s...

...Ferdie as a motion for review of an attorney’s fee order under Florida Rule of Appellate Procedure 9.400(c). As Mr. Ferdie was counsel in the lawsuit, not a party, attorney’s fees could not be awarded against him under section 448.08, Florida Statutes (2001). See also id. § 59.46....

...Scott Smith Oldsmobile, Inc., 410 So.2d 534, 536 , (Fla.Dist.Ct.App.1982). There was considerable overlap between the common law fraud and the statutory claims. The district court did not abuse its discretion. Plaintiffs have moved for attorney’s fees on this appeal. Fla.Stat.Ann. § 59.46(1) provides that “a statute ......

...If entitlement is found, the circuit court shall also determine the amount of appellate attorney’s fees. We certify conflict with Sanchez . Motions granted; case remanded. MORRIS and BLACK, JJ., Concur. . Ms. Grabowski includes no argument based on section 59.46, Florida Statutes (2010).

...Affirmed. Quiring v. Plackard, 412 So.2d 415 (Fla. 3d DCA 1982). Appellee’s motions for attorney’s fees on appeal is granted in the amount of $1,000. See Florida Glass & Mirror Co. v. Economy King Equipment Co., 353 So.2d 596 (Fla. 4th DCA 1977); § 59.46, Fla.Stat....

...Because the Kahns did not obtain a “more favorable” result in the circuit court action, the Association is entitled to recover reasonable costs including attorneys’ fees in that action. § 718.1255(4)(d), Fla. Stat. (Supp. 1994). The Association is also entitled to appellate attorneys’ fees because section 59.46, Florida Statutes (1993), extends section 718.1255(4)(d) to appellate proceedings....

prevailing party and, thus, the provision in section 59.46, Florida Statutes (2008), interpreting statutes

...It is true that both section 742.045 and section 742.031 authorize an award of attorney's fees in paternity actions but make no reference to fees for an appeal. Neither statute limits attorney's fees to a prevailing party and, thus, the provision in section 59.46, Florida Statutes (2008), interpreting statutes that award prevailing party attorney's fees to include an award of appellate attorney's fees does not apply in this case....

...was affirmed by this court on December 23, 1992. Thus, we affirm this issue on appeal. The decisions of the trial court are affirmed. As such, the appellees are entitled to their reasonable attorney’s fees in accordance with section 56.29(11), and section 59.46, Florida Statutes (1989)....

...ing it as a petition for writ of certiorari. Accordingly, the order granting the motion to dismiss is quashed. Additionally, because Perez no longer qualifies as the “prevailing party” under section 448.08, Florida Statutes (2012),3 and section 59.46, Florida Statutes (2010),4 the order granting Perez’s Motion for Appellate Attorney Fees is quashed as well. 3 Section 448.08, Florida Statutes, specifically states: “The court may award to the prevailing party in an action for unpaid wages costs of the action and a reasonable attorney’s fee.” 4 Section 59.46, Florida Statutes, reads: “In the absence of an expressed contrary intent, any provision of a statute or of a contract entered into after October 1, 1977, providing for the payment of attorney’s fees to the prevailing party shall b...

...She now seeks to have us reconsider that denial. She argues that the award of attorney fees pursuant to section 766.206(3) is mandatory, asserting that it is “non-disere-tionary and contingent only upon prevailing on the issue of reasonable investigation.” She also contends that section 59.46 is “non-discretionary and would appear to require a mandatory award of fees once entitlement at the trial level is established.” She suggests that in denying her motion, we “may have overlooked or been unaware of the mandatory nature of the attorney’s fee provisions in Sections 59.46 and 766.-206(3) Florida Statutes.” We have overlooked nothing....

...er, or the defendant’s attorney, shall be personally liable for all attorney’s fees and costs incurred during the investigation and evaluation of the claim, including the reasonable attorney's fees and costs of the claimant, (emphasis supplied). Section 59.46 provides: In the absence of an expressed contrary intent, any provision of a statute or of a contract entered into after October 1, 1977, providing for the payment of attorney’s fees to the prevailing party shall be construed to include the payment of attorney’s fees to the prevailing party on appeal....

...at person personally liable for the reasonable attorney’s fees and costs of the claimant incurred during the investigation and evaluation of the claim. It does not authorize payment of attorney fees to the “prevailing party” as contemplated by section 59.46, which we find inapplicable in this situation....

...property damage to the stage. Tall Pony cross-appeals, contesting the district court's decision limiting its recovery against Seven Seas to $234,000. Tall Pony also seeks attorney's fees in connection with the instant appeal pursuant to Fla. Stat. § 59.46. Following the district court's decision, Tropical filed a motion to tax costs pursuant to Fed....

...are of Tall Pony's claimed loss for the physical damage to the stage. Because we reverse the district court's award of attorney's fees in favor of Tall Pony, we conclude that an award of appellate attorney's fees to Tall Pony pursuant to Fla. Stat. § 59.46 would be improper. See Fla. Stat. § 59.46 (providing for the payment of attorney's fees "to the prevailing party on appeal"). C....

...led to consequential damages under the Seven Seas policy; (5) we REVERSE the district court's award of attorney's fees in favor of Fireman's Fund/Tall Pony and against Seven Seas and deny Tall Pony's claim for costs on appeal pursuant to Fla. Stat. § 59.46; and (6) we further REMAND the case to the district court with instructions to modify its various judgments and for further proceedings consistent with this opinion. 51 

does not affect entitlement to fees on appeal. Section 59.46(2), Florida Statutes (1981), directs that claims

...Having examined the records and briefs and hearing oral argument it appears that the appellant has failed to demonstrate prejudicial error. The judgment appealed is therefore affirmed. Appellee’s motion for attorney’s fees for services incident to this appeal is granted. (See F.S. 447.17 and F.S. 59.46.) We therefore remand to the trial court for the sole purpose of conducting such proceedings as may be necessary relevant to the fixing of such fees incident to this appeal....

...statute’s text allows for awards to litigants who do not prevail. -5-  Consistent with this analysis, we further note that the offer-of- judgment statute differs from other statutes that include a prevailing-party requirement. Compare § 59.46, Fla....

into before October 1, 1977, the provisions of Section 59.46(1), Florida Statutes, do not apply. Under the

A. C. J., and DANAHY, J., concur. . While Section 59.46, Fla.Stat. (1977) now provides for attorney’s

...opinion issued by this Court on November 9, 2011. We deny both motions, withdraw our previous opinion, and substitute the following in its place. Specifically, Goldberg argues in her motion for rehearing that this Court overlooked the provisions of section 59.46, Florida Statutes (2011), 1 in denying her motion for appellate attorney’s fees and costs....

...If a statutory ground exists, the motion should refer to the statute, as well as specifying the appropriate section and subsections of the statute, along with the year of the statute.”). Here, Goldberg did not move for fees in this Court pursuant to section 59.46. Her motion for appellate attorney’s fees and costs did not refer to the statute, and sought fees only under the promissory note and personal guaranty. Second, Goldberg’s reliance on section 59.46 is misplaced because that statute applies only when a contract or statute provides for payment of fees....

...arty in this court is automatically entitled to taxation of certain enumerated costs unless otherwise directed by the respective courts of appeal.” Di Teodoro v. Lazy Dolphin Dev. Co., 432 So.2d 625, 626 (Fla. 3d DCA 1983). 2 . That statute reads: 59.46....

from the non-prevailing parties.” Further, section 59.46, Florida Statutes (2021), provides:

...by him and award a reasonable attorney’s fee to his attorney for representation before this Court. While Chapter 440, Fla.Stat. (1979), contains no authorization for assessment of attorney’s fee for this appeal, such assessment is authorized by Section 59.46, Fla....

Appellant is entitled to appellate fees and costs. See § 59.46, Fla.Stat. (1991). The trial court shall determine

...Upon consideration of the petition and appellant’s response we recede from our previous hold *118 ing and deny appellant’s application for attorney’s fees on appeal. This suit was brought under Chapter 559, Florida Statutes (1979). Section 559.77(1) authorizes the allowance of attorney’s fees to the prevailing party. Section 59.46, Florida Statutes (1979), makes the provision of Chapter 559 regarding attorney’s fees applicable on appeal....

...the claim, we reverse and remand for reconsideration in light of McDonald . Because of this unique situation and the absence of any statutory authority for an award of appellate attorney’s fees except potentially Section 440.34(2)(b) together with Section 59.46, Florida Statutes, see Ship Shape v....

...§ 702 [sic], et seq., § 720.3085, and § 720.305, Appellees are entitled to recover attorney’s fees under a statute awarding fees to the prevailing party setting aside a foreclosure decree in litigation. Nudel v. Flagstar Bank, FSB, 60 So. 3d 1163 (Fla. 4th DCA 2011). Fla. Stat. § 59.46 includes a payment of attorney’s fees to the prevailing party on appeal as well. None of the cited authorities authorize an award of attorney’s fees to Rene and Surmaty. Section 720.3085(1)(c), Florida Statutes (2024),...

...efendant. And Surmaty was not a named defendant at all—he was a third-party purchaser at a foreclosure sale. The fee provisions in section 720.3085 and section 720.305(1) do not authorize an award of fees to Rene or Surmaty on these facts. And section 59.46 does not apply because no underlying statute or contract provides Rene or Surmaty with a right to prevailing-party attorney’s fees. The movants’ reliance on Nudel is misplaced....

...during the prosecution of an appeal against an agency in which the commission sustains the employee. This statute does not authorize appellate attorney fees when an appeal of PERC's decision is taken to a District Court of Appeal. To the extent that section 59.46, Florida Statutes, may be read in connection with section 447.208(3)(e) (which does not, strictly speaking, provide for "the payment of attorney's fees to the prevailing party," but only to an employee who prevails against an agency), appellee's motion for appellate attorney fees did not cite section 59.46, and was therefore insufficient....

unfair and deceptive trade practices statute, section 59.46, Florida Statutes, the imposition of fees under

...Rowe, 472 So.2d 1145 (Fla.1985). On appeal both parties seek an award of fees pursuant to section 701.04. Although we are reluctant to award the fees to Bowden based upon the facts of this case, we are bound to award fees to the prevailing party pursuant to the statute. See § 59.46, Fla....