Florida/Georgia Personal Injury & Workers Compensation

...Turning to the facts of the instant case, there is no contract authorizing the award of attorneys' fees. The Prices, therefore, are only entitled to attorneys' fees in this case if a statute provides a basis for such fees. An examination of the statutory provisions even remotely implicated in this action, section 86.081, Florida Statutes (2001) (costs in declaratory judgment actions); section 65.061, Florida Statutes (2001) (quiet title actions); and section 57.041, Florida Statutes (2001) (costs in civil actions), affords no such remedy....

...The purpose of a declaratory judgment is to determine the rights and duties of the parties without the need to resort to a tort or contract action as a prerequisite to a judicial determination. *252 See Watson v. Claughton, 160 Fla. 217, 34 So.2d 243, 245 (1948) (en banc). Section 86.081 of the Florida Statutes governs the award of costs available in these declaratory judgment actions, and provides that the circuit court may award such "costs" as are equitable. See § 86.081, Fla....

...However, "costs" are not generally understood as including attorneys' fees. See Wiggins v. Wiggins, 446 So.2d 1078, 1079 (Fla.1984); see also Edgar v. Cape Coral Med. Ctr., Inc., 664 So.2d 1068, 1069 (Fla. 2d DCA 1995) (holding appellants were not entitled to attorney's fees under section 86.081, Florida Statutes (1993)); Suwannee County v. Garrison, 417 So.2d 1070, 1071 (Fla. 1st DCA 1982) (holding that "[s]ection 86.081, providing specifically for the award of costs, makes no provision for, and cannot be expanded to include, attorney's fees"); Harris v....

...Spencer v. Florida-Georgia Tractor Company, *158 Fla.App. 1959, 114 So.2d 466. Furthermore, by statute it is provided that in a declaratory action, which the appellant instituted in this case, the court may award costs as are equitable. See Fla. Stat. § 86.081, F.S.A....

...The sole question for our determination on this appeal is whether the trial court erred in ordering the Harrises to pay $2200 in attorney's fees to Groves' attorney. It is an established rule in this state that attorneys' fees may not be awarded unless provided for by statute or agreement of the parties. Section 86.081, Florida Statutes 1973, governing declaratory judgments, provides that the circuit court may award costs as are equitable....

...to circumvent the provisions of the lease requiring the defense of the lease ... and under the stated circumstances the Defendants are entitled to recover as costs their reasonable attorneys' fees based on the lease." If this Order meant the fees are recoverable as costs under Section 86.081, Florida Statutes, we disagree and reverse....

...Section 95.361 makes no provision for an award of attorney's fees in litigation to determine whether a roadway has become dedicated to the public and title vested in a public entity (county, municipality, or state) under its terms. Furthermore, Chapter 86, Florida Statutes (Declaratory Judgments), particularly Section 86.081, providing specifically for the award of costs, makes no provision for, and cannot be expanded to include, attorney's fees....

...Next, Arga moved for reimbursement of its attorneys' fees on the theory that the Department had litigated in bad faith. Arga principally relied upon the United States Supreme Court's decision in Roadway Express, Inc. v. Piper, 447 U.S. 752, 100 *324 S.Ct. 2455, 65 L.Ed.2d 488 (1980). The trial court concurred and, relying on Section 86.081, Florida Statutes (1981), Rule 1.380, Fla. R.Civ.P., and Roadway Express, Inc. v. Piper, supra , awarded Arga $27,104.60 in attorneys' fees. The Department appealed. Section 86.081, Florida Statutes (1981), and Rule 1.380, Fla.R.Civ.P., do not support the trial court's action. Section 86.081 merely provides that "[t]he court may award costs as are equitable." In Harris v. Richard N. Groves Realty, Inc., 315 So.2d 528, 529 (Fla. 4th DCA 1975), we held that "this statute cannot be expanded to include attorneys' fees." Thus, Section 86.081 does not provide an independent basis for the trial court's action....

...igation. Under section 57.041, the recovery of costs is generally available to any "party recovering judgment." This general provision may be displaced by context-specific statutory costs provisions. For example, in declaratory judgment proceedings, section 86.081, Florida Statutes (2005), provides that "[t]he court may award costs as are equitable." And in dissolution cases, section 61.16, Florida Statutes (2005), provides that "a reasonable amount" may be awarded for the costs of a party "afte...

...Given this reality, it is unnecessary to require that litigants assert a claim for costs in the pleadings. [1] We therefore conclude that the trial court erred in its denial of the motion to tax costs. On remand, the trial court shall determine the issue of costs under section 86.081, which governs the award of costs in *885 declaratory judgment actions. The circumstance that First Protective's motion to tax costs made reference to section 57.041 — which is not applicable in the context of a declaratory judgment action — rather than to section 86.081, does not preclude an award of costs under the governing statutory provision....

...We have carefully considered the other arguments of RMA and reject them. Progressive has no legal duty to provide any of the requested insurance information. ATTORNEYS' FEES Both parties have requested appellate attorneys' fees in this matter. Progressive has requested such fees under Chapter 86, Florida Statutes. Section 86.081, Florida Statutes (2006), provides that "[t]he court may award costs as are equitable." However, "costs" in this statute "are not generally understood as including attorneys' fees." See, Price v....

...The trustee alleged that the beneficiary’s refusal to accept his $25,000 bequest and his propounding of discovery requests constituted an “action” challenging the trustee’s exercise of her powers. The trustee further alleged that her motion was brought “pursuant to Fla. R. Civ. P. 1.525 [and] Sections 86.081, 733.106, [and] 733.609, Florida Statutes [ (2009) ].” The rule and statutes provide as follows: • Rule 1.525 states, in pertinent part: “Any party seeking a judgment taxing *352 costs, attorneys’ fees, or both shall serve a- motion no later than 30 days after filing of the judgment .... ” • Section 86.081 states: “The court may award costs as are equitable.” • Section 738.106(1) states: “In all probate proceedings costs may be awarded as in chancery actions.” • Section 733.609(1) states, in pertinent part: “In all actions for breach of fiduciary duty or challenging the exercise of ......

...s without determining what those costs were and how that would affect the equitable rights of the parties. As noted in the majority, all of the causes of action asserted by Valerie were equitable in nature. As to the Declaratory Judgment action, section 86.081, Florida Statutes (2018) provides that “The court may award costs as are equitable.” As to the partition action, as noted in Judge Conner’s concurring opinion, section 64.081, Florida Statutes (2018) requires that...

...2d DCA 2008) (“Under section 57.041, the recovery of costs is generally available to any ‘party recovering judgment.’ This general provision may be displaced by context-specific statutory costs provisions. For example, in declaratory judgment proceedings, section 86.081, Florida Statutes (2005), provides that ‘[t]he court may award costs as are equitable.’ And in dissolution cases, section 61.16, Florida Statutes (2005), provides that ‘a reasonable amount’ may be awarded for the costs of a par...

against these defendants under either § 215.03, § 86.081 or § 86.091, Fla. Stat., F.S.A. Ginsberg performed

...The trustee alleged that the beneficiary’s refusal to accept his $25,000 bequest and his propounding of discovery requests constituted an “action” challenging the trustee’s exercise of her powers. The trustee further alleged that her motion was brought “pursuant to Fla. R. Civ. P. 1.525 [and] Sections 86.081, 733.106, [and] 733.609, Florida Statutes [(2009)].” The rule and statutes provide as follows:  Rule 1.525 states, in pertinent part: “Any party seeking a judgment taxing costs, attorneys’ fees, or both shall serve a motion no later than 30 days after filing of the judgment . . . .”  Section 86.081 states: “The court may award costs as are equitable.”  Section 733.106(1) states: “In all probate proceedings costs may be awarded as in chancery actions.”  Section 733.609(1) states, in perti...

...3d DCA 2006) (quoting Rockledge Mall Assocs., Ltd. v. Custom Fences of Brevard, Inc., 779 So.2d 558, 559 (Fla. 5th DCA 2001)). In actions for declaratory relief, Chapter 86, Florida Statutes provides for the provision of costs, but not attorney’s fees, in the case of a declaratory action. § 86.081, Fla. Stat. (2004); Suwannee Cnty. v. Garrison, 417 So.2d 1070, 1071 (Fla. 1st DCA 1982) (“Section 86.081, providing specifically for the award of costs, makes no provision for, and cannot be expanded to include, attorney’s fees.”) (citing Harris v....