Florida/Georgia Personal Injury & Workers Compensation

...On July 25, 2008, he brought this lawsuit against Wall to Wall, Acosta, and Lim (collectively “Wall to Wall”),11 seeking back wages, unpaid overtime, liquidated damages, prejudgment interest, attorney’s fees, and litigation expenses under the FLSA in Count I, and Fla. Stat. § 448.08, in Count II.12 11 See supra note 1. 12 The district court had jurisdiction over Count I pursuant to 29 U.S.C....

...Klay, 382 F.3d at 1255 (quotations omitted). At the threshold, the parties dispute whether Florida law even recognizes an independent cause of action for “unpaid wages.” T-Mobile argues that Vega asserted the unpaid wages claim exclusively under Fla. Stat. § 448.08, a section of Florida’s labor statutes that provides for the payment of attorneys’ fees and costs to prevailing parties in actions for unpaid wages but that does not, itself, create an independent cause of action.14 See Edwards v. Niles Sales & Serv., Inc., 439 F. Supp. 2d 1202, 1208 n.6 (S.D. Fla. 2006) (noting that an action for unpaid or back wages, for which § 448.08 may permit recovery of fees and costs, must be “brought pursuant to some other law”)....

...however, we see no indication in Florida law that an unpaid wages claim, in and of itself, is necessarily the equivalent of a breach of contract claim. Rather, actions for unpaid wages are typically pled as breach of contract claims wherein the 14 Section 448.08 provides, in its entirety, “The court may award to the prevailing party in an action for unpaid wages costs of the action and a reasonable attorney’s fee.” Fla. Stat. § 448.08....

...agreement. Id. Plaintiff brings numerous claims on this basis: (1) Recovery of Minimum Wages under the Fair Labor Standards Act; (2) Breach of Contract; (3) Unjust Enrichment/Implied-in-Law Contract; and (4) Attorneys’ Fees pursuant to Fla. Stat. § 448.08 ....

...School Board of Seminole County, 599 So.2d 220 (Fla.5th DCA 1992) and Davis v. School Board of Gadsden County, 646 So.2d 766 (Fla. 1st DCA 1994). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. The Third District Court of Appeal held that Humberto Pena was entitled to attorney's fees under section 448.08, Florida Statutes (1985), for his appeal to an administrative board, where he successfully petitioned for reinstatement as a county bus operator. Because Pena's administrative appeal was *960 not an "action for back wages" as explicitly required by section 448.08, we quash the decision below....

...owed, but also attorney's fees for the circuit court action and for fees incurred in the administrative appeal of the disciplinary action. Court-ordered mediation resulted in an agreement as to the amount of back pay owed. The court determined that section 448.08 entitled Pena to attorney's fees for the action at law, but not for the administrative appeal. On appeal, the Third District Court of Appeal reversed the circuit court's order and held that section 448.08 also applied to the administrative proceeding which resulted in Pena's reinstatement....

...1985), modified, Standard Guar. Ins. Co. v. Quanstrom, 555 So.2d 828 (Fla. 1990). The statute Pena relies upon in the instant case provides: "The court may award to the prevailing party in an action for unpaid wages costs of the action and a reasonable attorney's fee." § 448.08, Fla....

...Werthman, which was explicitly followed by Davis, held that "termination proceedings brought by a school board under Chapter 231 ... [do] not involve proceedings to recover `unpaid wages,' except in the most tangential sense." Werthman, 599 So.2d at 221. We approve both of these cases to the extent that they interpret section 448.08 to require a literal "action for back wages" as a prerequisite to recovery....

...At the administrative level, any claim as to whether Pena was entitled to receive back wages was purely tangential to the determination of his right to reinstatement. Whatever back pay Pena ultimately received as part of the relief granted does not change the underlying nature of the administrative claim filed. Section 448.08 is clear and unambiguous on its face: there must be "an action for back wages," section 448.08, Florida Statutes (1985) (emphasis added), to implicate the statutory entitlement....

...2d DCA 1978). The cases cited to us by Westfall are not applicable to the present situation. The remaining point raised in the cross-appeal concerns the trial court's failure to award attorney's fees to Westfall. Westfall sought attorney's fees pursuant to section 448.08, Florida Statutes (1981), which provides: "The court may award to the prevailing party in an action for unpaid wages costs of the action and a reasonable attorney's fee." The trial court denied attorney's fees "on the basis the commissions are not wages." There appear to be only two Florida cases which discuss section 448.08....

...Sabre Construction Co., 262 Or. 552, 510 P.2d 347 (1973). The definitions given in section 443.036(31)(a) and in Black's Law Dictionary seem to us to be the logical ones to utilize in construing whether commissions are wages as that word is used in section 448.08. We disagree with the trial court and hold that the commissions (or override) which the trial court found owing by appellants to Westfall are wages within the meaning of section 448.08. This action, initiated by Westfall, is an action for the recovery of unpaid wages; therefore, the trial court may award to Westfall attorney's fees pursuant to section 448.08....

...(BRT) and Bill Rivers Corporation (BRC) appeal from a final judgment which awarded attorney's fees and costs to Robert J. Miller (Miller), plaintiff in the trial court. Appellants BRT and BRC present four points for our review: (1) whether the trial court erred in awarding attorney's fees to Miller pursuant to Section 448.08, Florida Statutes; (2) whether the trial court erred in not awarding statutory attorney's fees to BRT on Count I; (3) whether the trial court erred in finding that Section 448.08 attorney's fees may be awarded for the time of a legal assistant; and (4) whether the trial court erred in awarding Section 448.08 attorney's fees for time expended in establishing entitlement to attorney's fees....

...ocedure 1.140(e). Between August 1, 1984, and October 16, 1984, the parties filed numerous motions and pleadings, culminating on October 16 with Miller's motion to amend the third amended complaint to include a prayer for attorney's fees pursuant to Section 448.08, Florida Statutes....

...udgment on one count in a multicount complaint is the prevailing party. Hendry Tractor Company v. Fernandez, 432 So.2d 1315 (Fla. 1983). Under this standard, BRT was not a prevailing party as to Count I, and was not entitled to attorney's fees under Section 448.08, Florida Statutes....

...Fernandez , and the assertion that we overlooked the case of Williams v. Florida Memorial College . Hendry Tractor Company v. Fernandez , was cited for the principle *1145 that only the party obtaining an affirmative judgment is the prevailing party for purposes of an attorney's fee award pursuant to Section 448.08, Florida Statutes....

...The court instructed Goodwin to file an amended complaint to plead alternative counts for breach of contract as an independent contractor and as an employee in counts one and two, respectively; he again sought an accounting in count three. Goodwin alleged an entitlement to attorney's fees in count one pursuant to section 448.08....

...The trial court ruled that Goodwin had waived his right to an accounting by waiting nearly four years to bring suit after discovering the shortchange and denied the claim. Goodwin subsequently sought leave to amend his complaint to assert a claim as an independent contractor for attorney's fees under section 448.08....

...5th DCA 2004), he argued that the relevant inquiry is what constituted "wages," rather than what label may be used by the party seeking payment of the wages. The trial court, concluding that an independent contractor could not seek attorney's fees under section 448.08, denied the motion....

...The jury returned a verdict for Goodwin on the breach of contract, and the trial court entered a final judgment awarding Goodwin stipulated damages of $58,213.65. Despite the court's earlier denial of Goodwin's motion for leave to amend, Goodwin filed a post-judgment motion for attorney's fees pursuant to section 448.08 and the recently amended Florida Rule of Civil Procedure 1.525 to preserve for appeal his claim to attorney's fees....

...mpanies. No provision requires Goodwin to service the policies. The agreement does not expressly provide that Goodwin's right to premiums ceases upon his termination. We therefore reverse the judgment as to count two. Second, though we conclude that section 448.08 attorney's fees do not apply *1103 to independent contractors, Skylink, Inc....

...Accordingly, we reverse the trial court's dismissal of count one and, upon remand, direct that the jury make a finding whether Goodwin was an employee or an independent contractor. The jury's finding will establish his entitlement to attorney's fees and costs under section 448.08....

...defense of waiver, Goodwin's damages, and his status as an employee or independent contractor. The jury's finding on his status will establish whether Goodwin is entitled to damages under either count one or count two, as well as any entitlement to section 448.08 attorney's fees and costs as an incident of prevailing on count one....

...remedy in the form of an order rescinding the suspensions and requiring the county to reimburse *934 the officers for the amounts that had been deducted from their wages. In addition, the court later awarded the officers attorneys' fees pursuant to section 448.08, Florida Statutes (1981)....

...failure to receive hearings. Claims which may arise as a result of unjustified suspensions which were aggravated by procedural delays need not be addressed in this appeal. Since the claims for attorneys' fees derive from the obtaining of back wages, section 448.08, Florida Statutes (1981) [*] , they should be reviewed in accordance with the principles we have enunciated....

...ement, an attorney fee affidavit, a costs statement, and two supplemental affidavits for services rendered. The trial court found that the plaintiff prevailed on the conversion claim, and that he was entitled to attorney's fees and costs pursuant to section 448.08, Florida Statutes (2004)....

...total of $8,575. Finally, the trial court awarded the plaintiff $1,258.05 in costs. These appeals followed. *516 OCCA contends that the trial court erred by finding that the plaintiff was entitled to an award of attorney's fees and costs pursuant to section 448.08, Florida Statutes (2004). We disagree. Pursuant to section 448.08, Florida Statutes (2004), the prevailing party in an unpaid wages claim is entitled to an award of attorney's fees and costs. In the instant case, on the conversion/unpaid wages claim the plaintiff was awarded over $1,700 for income he had earned by giving tennis lessons at OCCA. As these amounts are considered wages pursuant to section 448.08, the trial court properly found that the plaintiff was entitled to an award of attorney's fees and costs. See D.G.D., Inc. v. Berkowitz, 605 So.2d 496 (Fla. 3d DCA 1992) (holding that unpaid commissions were "wages" within the meaning of section 448.08); Gulf Solar, Inc. v. Westfall, 447 So.2d 363, 367 (Fla. 2d DCA 1984) (stating that the definition of "wages" in Black's Law Dictionary 1416 (5th ed. 1979) should be used in construing the term "wages" as used in section 448.08; Black's Law Dictionary provides, in part, that the term "wages" "should be broadly defined and includes not only periodic monetary earnings but all compensation for services rendered without regard to manner in which such compensation is computed"). Thus, we affirm the trial court's order finding that the plaintiff was entitled to an award of attorney's fees and costs pursuant to section 448.08, Florida Statutes (2004)....

...Allocca's billing statements to determine which hours were reasonably and necessarily expended in preparing for and testifying at the attorney's fee hearing. Accordingly, the orders under review are affirmed, in part, reversed, in part, and *519 remanded for further proceedings consistent with this opinion. NOTES [1] Section 448.08, Florida Statutes (2004), provides: "The court may award to the prevailing party in an action for unpaid wages costs of the action and a reasonable attorney's fees."

...Radio Station WQBA, 731 So.2d 638, 644 (Fla. 1999))). . See, e.g., Ultimate Makeover Salon & Spa, Inc. v. DiFrancesco, 41 So.3d 335, 338 (Fla. 4th DCA 2010) ("[T]he trial court’s order suggests that the court based its decision on the mistaken belief that it could not award section 448.08 attorney’s fees to defendants because they prevailed on a statute of limitations defense rather than on the merits....

...Quality Plastering, Inc., 247 So.2d 72, 75 (Fla. 4th DCA 1971). We find substantial, competent evidence to support the jury's verdict. Bermil Corp. v. Sawyer, 353 So.2d 579, 583 (Fla. 3d DCA 1977). CDC also challenges the award of attorney's fees pursuant to section 448.08, Florida Statutes (1981) on two theories: (a) a bonus is not a wage within the meaning of the statute; and (b) Antonell was not a prevailing party because he did not prevail on all his claims and was awarded only part of what he sought on one of his claims. We reject both theories. The first district noted in Doyal v. School Board of Liberty County, 415 So.2d 791, 793 (Fla. 1st DCA 1982) that the legislative intent in enacting section 448.08 was to avoid the inequity resulting from an employee being required to pay an attorney in actions for unpaid wages. The court in Gulf Solar, discussing section 448.08, utilized definitions of wages which included bonuses. We find those definitions are appropriate, especially in light of the legislative intent expressed in Doyal. Addressing CDC's second theory, we hold that a party prevails within the meaning of section 448.08 when there is an affirmative judgment rendered, even if it is for less than the amount claimed and recovery is not had on all counts....

...SantaFe Healthcare, Inc., 642 So.2d 765 (Fla. 1st DCA 1994), in an attempt to limit Palma' s holding to section 627.428(1). In Diaz, the first district expressly chose to limit Palma and held that in an action for unpaid wages under Florida Statutes, section 448.08 (1993), the trial court has discretion to award attorney's fees for time spent establishing the amount of fees. Id. at 765. The court reconciled Palma by explaining that, unlike section 627.428(1), one purpose of section 448.08 is to encourage attorneys to represent indigent persons in disputes for unpaid wages. Id. Accordingly, it concluded that awarding fees for time spent litigating the amount of fees, assuming that the time benefitted the client, comported with the purpose behind section 448.08. Id. The Second District disagreed with Diaz in Nat'l Portland Cement Co. v. Goudie, 718 So.2d 274 (Fla. 2d DCA 1998). There the court held that under section 448.08, the trial court may not award fees for time spent establishing the amount of fees according to Palma....

...Ms. Ofstein then filed a two-count complaint in the Circuit Court of Orange County, Florida. In County I she sought compensation allegedly owed her pursuant to the terms of her employment under the letter agreement with Enterprises in accordance with section 448.08, Florida Statutes (2002)....

...deleted one sentence concerning damages. Merrill Lynch then filed a Motion to Dismiss Amended Statement of Claim and Memorandum of Law. In this motion, among other things, Merrill Lynch objected to arbitration of Cassedy's attorney's fee claim under section 448.08. Specifically, Merrill Lynch asserted that "when `unpaid wages' are sought in an arbitration, § 448.08 does not apply." In support of this assertion, Merrill Lynch cited Buena Vista Construction Co....

...5th DCA 1985), and McDaniel v. Berhalter, 405 So.2d 1027 (Fla. 4th DCA 1981). Merrill Lynch's motion was apparently denied in its entirety. During the arbitration proceedings, Merrill Lynch repeatedly argued that the panel should deny Cassedy's claim for attorney's fees under section 448.08 because that statute did not apply to this arbitration....

...Merrill Lynch also requested that the panel award it attorney's fees. In a decision issued July 7, 1997, a panel of three arbitrators found Merrill Lynch liable and awarded Cassedy over $300,000 in compensatory damages and over $160,000 in attorney's fees pursuant to section 448.08, Florida Statutes....

...unsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award." In its complaint and during the hearings before the circuit court, Merrill Lynch argued that it had asserted throughout the arbitration proceedings that section 448.08 did not apply to arbitration and, as set forth in the brief to this court, "consistently took the position that the issue of attorney *146 fees was not properly before the arbitration panel and specifically cited to the arbitration panel § 682.11, Fla....

...Further, Merrill Lynch did not assert before the arbitration panel that it would insist on its right to have a circuit court decide the attorney's fee claim under section 682.11. Instead, Merrill Lynch argued only that attorney's fees were not awardable pursuant to section 448.08 for an arbitration proceeding....

...ing Celistics' motion to dismiss. The plaintiff, Juan Manuel Gonzalez ("Gonzalez"), an Argentinean national, filed a complaint against Celistics, which is headquartered in Miami-Dade County, asserting claims for unpaid wages and vacation pursuant to section 448.08, Florida Statutes (Count I); breach of written employment agreement (Count II); breach of written severance agreement (Count III); and restitution based on the theory of equitable estoppel (Count IV)....

..., section 501.201), and Buena Vista Construction Company v. Carpenters Local Union 1765 of United Brotherhood of Carpenters & Joiners of America, 472 So.2d 1356 (Fla. 5th DCA 1985) (involving attorney fees sought in an arbitrated labor dispute under section 448.08)....

...Appellant further contends the trial court should have awarded her an attorney's fee under Section 120.69(7), which provides for the prevailing party in a petition for enforcement to recover the costs of the litigation and a reasonable attorney's fee, and under Section 448.08 which provides for successful litigants in actions for unpaid wages to recover costs of the action and a reasonable attorney's fee....

...Appellant then filed suit in circuit court to have the PERC order enforced and to obtain the wages which were wrongfully being withheld. Appellant incurred $6,000 worth of attorney's fees in her successful attempt to recover $4,000 in unpaid salary and benefits. In enacting Section 448.08, the Legislature intended to avoid the inequity which would result if an employee were required to pay her own attorney's fees in actions for unpaid wages....

...t, to the jury. The jury returned a verdict in Goudie's favor on the counterclaim and awarded Goudie $82,070 on his incentive fee contract claim. As the prevailing party, Goudie moved for and was awarded $138,610 in attorney's fees based on sections 448.08 and 607.0850(3), Florida Statutes (1995), and an indemnification provision in NPC's by-laws....

...NPC challenges the use of a multiplier and, more particularly, the application of the multiplier to the fees incurred in defense of the counterclaim. We find no merit to NPC's assertions. The application of a multiplier in fees awarded pursuant to section 448.08, Florida Statutes (1995), is appropriate....

...Goldsmith, Boca Raton, for Appellee/Cross-Appellant Charles Mason. OFTEDAL, RICHARD, Associate Judge. Erling Speer appeals only that portion of the trial court's final judgment awarding attorney's fees in favor of Charles Mason pursuant to the provisions of section 448.08, Florida Statutes....

...[1] In his cross-appeal, Mason raises several issues challenging the amount of the fee. We affirm the trial court's award of attorney's fees to Mason and find merit in his cross-appeal. Speer contends that Mason is not entitled to attorney's fees since section 448.08 is applicable only to actions for recovery of lost wages....

...Berkowitz, 605 So.2d 496 (Fla. 3d DCA 1992)(unpaid commissions); Woods v. United Indus. Corp., 596 So.2d 801 (Fla. 1st DCA 1992)(severance pay); Ivens Corp. v. Cohen, 593 So.2d 529 (Fla. 3d DCA 1992)(employee bonuses). This court, in Ferry, upheld an attorney's fee award under section 448.08 in an action by an employee to recover one year's salary as a termination benefit....

...Affirmed in part, reversed in part, and remanded for proceedings consistent herewith. WARNER, C.J. and STEVENSON, J., concur. NOTES [1] Speer was added as a supplementary defendant only after E. Speer & Associates, Inc., n/k/a C.V. Holdings, Inc. (ESA) filed for bankruptcy. This action remains stayed as to ESA. [2] Section 448.08, Florida Statutes, provides that "The court may award to the prevailing party in an action for unpaid wages costs of the action and a reasonable attorney's fee." [3] Fla....

...nd Henry L. Gray, Jr. of Henry L. Gray, Jr., P.A., Gainesville, for appellant. William C. Andrews of Scruggs & Carmichael, P.A., Gainesville, for appellee. PER CURIAM. This cause is before us on appeal from a final order awarding attorney fees under section 448.08, Florida Statutes, following a successful suit by appellant, a physician, against appellee for various types of compensation due under an employment contract....

...Permitting recovery for time spent establishing entitlement to a fee, but not time spent establishing the amount of the fee, comports with the purpose and language of the statute. Accordingly, only the time spent establishing the entitlement to a fee was held compensable. At least one apparent purpose of section 448.08, Florida Statutes, is to encourage attorneys to represent indigent persons in disputes for unpaid wages....

...Tec-Mill & Supply, Inc., 178 So.2d 881 (Fla. 3d DCA 1965), the trial court correctly entered final judgment for Damion. Cornell concedes, as it must, that Damion, as the prevailing party, is entitled to reasonable attorney's fees and costs in her action to recover unpaid wages. § 448.08, Fla....

...*746 William W. Wilhelm, Clearwater, for appellant. James B. Loper of James B. Loper, P.A., Tampa, for appellee. RYDER, Acting Chief Judge. Tampa Bay Publications (Tampa Bay) challenges a final judgment which awarded $9,375.00 in attorney fees under section 448.08, Florida Statutes (1987), to Ginger Watkins in her lawsuit against Tampa Bay for unpaid wages. Watkins sued Tampa Bay for its failure to pay her commissions on advertising she sold for the Tampa Bay magazine. In her complaint, Watkins demanded a reasonable attorney's fee under section 448.08....

...Tampa Bay argued that the agreement provided for a contingent fee of 40% of the $5,000.00 recovery, which is $2000.00. On a hourly basis, the $2,000.00 fee would amount to compensation of $40.00 per hour. The trial court ruled that Watkins was entitled to an attorney fee award under section 448.08....

...to 40% of $5000.00 judgment as fee). In this case, the attorney fee contract provides for alternative methods by which Watkins' attorney would receive his fee. Additionally, we note there are certain legislative policy considerations embodied within section 448.08....

...As in personal injury lawsuits, plaintiffs in actions for unpaid wages often do not have the financial means to obtain counsel on an hourly basis. If plaintiff's counsel were only limited to a contingent recovery rather than a reasonable court-awarded fee under section 448.08, attorneys would be discouraged from assuming stewardship of cases to recover unpaid wages unless substantial amounts of money were involved. Therefore, section 448.08 acts as a method by which to equalize otherwise disparate financial abilities of employees to retain counsel. By enacting section 448.08, the legislature obviously intended to avoid the inequities which would result if an employee were required to pay one's own attorney's fees in actions for unpaid wages....

...School Board of Liberty County, 415 So.2d 791, 793 (Fla. 1st DCA 1982) (employee incurred $6,000.00 in attorney's fees in successful attempt to recover $4,000.00 in unpaid wages and benefits; abuse of discretion not to award employee fees which would make her whole). We also observed that section 448.08 does not require the trial court to impose fees on the successful employee in all cases, but only grants the court the discretion to do so....

...This statutory provision is also available to the successful employer when the trial court deems the circumstances are appropriate to impose costs on employees for frivolous claims. See Carpenter v. Metropolitan Dade County, 472 So.2d 795, 796 (Fla. 3d DCA 1985) (trial court properly granted attorney's fees under section 448.08 to County as prevailing party where employee filed an action for back wages beyond the applicable statute of limitations period). Section 448.08 specifically provides that the trial court may award the prevailing party a reasonable attorney's fee and costs....

...The Board again filed a motion to dismiss for lack of subject matter jurisdiction on the basis that the trial court had no jurisdiction because Caldwell had failed to exhaust her administrative remedies. The trial court again denied the motion. Caldwell moved for attorney's fees pursuant to section 448.08, Florida Statutes (2005)....

...tract or legislative authority. Codomo v. Emanuel, 91 So.2d 653 (Fla. 1956); Beach Resorts International, Inc. v. Clarmac Marine Construction Co., 339 So.2d 689 (Fla. 2d DCA 1976). Carpenters Local 1756 filed a motion for attorney's fees pursuant to section 448.08, Florida Statutes, which provides that the court may award fees to the prevailing party in an action for unpaid wages....

...The Court finds, since the standard for dismissing a complaint at this stage in the case is extremely low, the plaintiff has alleged sufficient facts to withstand a Motion to Dismiss as to Count I. 2. Count III; Claim for Lost Wages under Fla.Stat. § 448.08. The plaintiff is foreclosed from bringing an action under Fla.Stat. § 448.08 because the Fair Labor Standards Act is Plaintiff's exclusive remedy for lost wages....

...We see no distinction between the claim against Barnes and the claim against the corporation with regard to the recovery of unpaid commissions. Finally, Bradshaw argues that he should have been awarded attorney's fees as the prevailing party in an action for wages. § 448.08, Fla....

...He argues that although his compensation is commissions for purposes of the statute of limitations, it is wages for purposes of attorney's fees. He cites Gulf Solar, Inc. v. Westfall, 447 So.2d 363 (Fla. 2d DCA 1984). Appellants counter that Bradshaw's failure to request attorney's fees in his pleadings is fatal because section 448.08 is permissive and not mandatory....

...which guarantee shall be released pro rata accordingly to payments into the said account. The cross appeal of the employee remains viable as it is based upon the trial court's denial of cross appellant's attorney's fees, which he sought pursuant to section 448.08, Florida Statutes (1983), which is entitled "Attorney's fees for successful litigants in actions for unpaid wages" and which provides: The court may award to the prevailing party in an action for unpaid wages costs of the action and a reasonable attorney's fee....

...Ferry then brought the instant suit to recover for wrongful termination. He recovered a jury verdict for both compensatory and punitive damages. 2. Based upon these facts, this court concludes as a matter of law: a. Chapter 448 of the Florida Statutes provides in section 448.08 that attorney fees may be awarded by the court to the prevailing party in an action for unpaid wages....

...Ferry in this case is not for wages within the above definition. *1103 He does not claim compensation for his services but rather his claim is for severance [sic] pay. c. Since this action is not one for unpaid wages within the definition of Chapter 448 of the Florida Statutes, section 448.08 does not apply, and Mr....

...Ware v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 24 Cal. App.3d 35, 100 Cal. Rptr. 791, 797. In Gulf Solar, Inc. v. Westfall, 447 So.2d 363 (Fla. 2d DCA 1984), the court reversed the trial court's finding that a sales commission was not a wage within section 448.08....

...3d DCA 1984), used the same two definitions in finding that a bonus constituted "wages." In Gulfstar Yacht Sales, Inc. v. Bissell, 487 So.2d 31, 32 (Fla. 4th DCA 1986), this court said: We turn then to the question of attorney's fees. The plaintiff sought attorney's fees pursuant to section 448.08, Florida Statutes (1985), which provides: "The court may award to the prevailing party in an action for unpaid wages costs of the action and a reasonable attorney's fee." Here, as in Gulf Solar, Inc....

...We deny cross appellee, XRG International's motion for rehearing, but grant its motion for clarification by stating that nothing in the court's opinion was intended to interfere with the trial court's discretion in deciding whether to award an attorney's fee pursuant to section 448.08, Florida Statutes (1983). LETTS, J., and FEDER, RICHARD Y., Associate Judge, concur. NOTES [1] We realize, in concluding the utilization of these definitions of "wages" is appropriate, that: (1) there is no definition of "wages" provided for in section 448.08 and; (2) there is a legion of cases holding that since statutes authorizing an award of attorney's fees are in derogation of common law, such statutes must be strictly construed....

...must necessarily fall if this court declares that section 686.201, Florida Statutes (1991) is unconstitutional. Although the attorney's fee award was made under the authority of the above statute, the award is nonetheless perfectly sustainable under section 448.08, Florida Statutes (1991). The latter statute provides that "[t]he court may award to the prevailing party in an action for unpaid wages costs of the action and a reasonable attorney's fee." § 448.08, Fla....

...After the trial court rendered the final judgment in the underlying case, Price sought an award of his attorney's fees and costs which totaled approximately $120,000. On March 13, 1992, the trial court rendered a final judgment taxing fees and costs. The court determined Price was entitled to fees and costs pursuant to section 448.08, Florida Statutes (1991)....

...Hoyt Enters., Inc., 604 So.2d 807 (Fla. 1992), the trial court may also want to consider which party prevailed on the significant issues in this case before it renders a new final judgment for fees. [2] REVERSED AND REMANDED. GLICKSTEIN and POLEN, JJ., concur. NOTES [1] Section 448.08 reads: "Attorney's fees for successful litigants in actions for unpaid wages....

...Defendants replied [DE 83] on December 18, 2007. The motion is ripe for adjudication. Plaintiff commenced this action by filing a seven count complaint pursuing damages in counts one though four under the FLSA and in counts six and seven under Florida statute § 448.08....

...[2] Application of the FLSA Standard for Awarding Attorney's Fees This Court granted summary judgment based on the FLSA and on plaintiffs breach of contract allegations, brought under Florida law. Defendants argue that this Court should exclusively apply the Florida fee statute because "Plaintiff brought a claim under § 448.08, because in several counts of the Complaint, she seeks attorney's fees pursuant to that statute." This Court disagrees....

...First, the two causes of action based on Florida law were brought pursuant to this Court's supplemental jurisdiction. Second, two thirds of the counts alleged in the complaint were brought pursuant to the FLSA. Finally, defendants' arguments supporting granting attorney's fees under Florida statute § 448.08 all relate to plaintiff having been an independent contractor....

...This Court determined that plaintiff was an independent contractor pursuant to the claims raised under the FLSA. Thus, this Court holds that the FLSA statute regarding the award of attorney's fees should be applied. It appears from the motion that defendants only sought recovery from plaintiff under § 448.08....

...ommittee... ." ..... To now deny the employee the merit increases would put him in the position of no right of review, as permitted by the County's own regulations. As to the attorney's fees, they were not provided for by statute until July 1, 1978 [Section 448.08, Florida Statutes (Supp....

...Solomon & Flanagan, P.A., 775 F.2d 1541, 1542 (11th Cir.1985) ("Section 216(b) of the Act makes fee awards mandatory for prevailing plaintiffs."); and if Plaintiff prevailed on the proposed Florida law claim for unpaid wages, then Plaintiff could move for a discretionary award of fees, see, e.g., Fla. Stat. § 448.08....

...Plaintiff did not, however, direct the Court to any evidence which suggests that he had a non-frivolous basis to support that argument, and he explicitly recognized that the exemption may apply to him. See id. at 1 ("Defendant may have an exemption from paying Plaintiff his overtime"). [6] Plaintiff cites Florida Statute § 448.08 as the basis for that proposed Florida law claim. Section 448.08 does not, however, create or otherwise provide for a cause of action for back wages, but instead relates only to payment of attorneys' fees to a prevailing party in an action for back wages brought pursuant to some other law. See, e.g., Fla. Stat. § 448.08 ("The court may award to the prevailing party in an action for unpaid wages costs of the action and a reasonable attorney's fee."); Ocean Club Community Ass'n, Inc....

...5th DCA 1994) ("McRae concedes that Count I was a common law action for recovery of unpaid wages"). The Court construes Plaintiff's request as one to bring such a claim pursuant to Florida common law or, in the alternative, whatever statute other than § 448.08 actually does create such a cause of action....

...act claim, and awarding NME $645,452 on its indemnification claim. Both Davis and NME filed motions for attorneys’ fees. NME based its claim for fees on the attorneys’ fees clause in the Stock Purchase Agreement, while Davis sought fees based on § 448.08 of the Florida Statutes providing for attorneys’ fees and costs in actions for unpaid wages....

...Pena, 664 So.2d 959, 960 (Fla.1995) (holding that attorneys’ fees may not be awarded absent a statutory or contractual provision for such fees). It is undisputed that the Employment Contract does not contain a prevailing party fee provision. Therefore, Davis relies exclusively on Florida Statute § 448.08 which provides a trial court with the discretion to award attorneys’ fees to the prevailing party in an action for unpaid wages. See Fla. Stat. § 448.08 (1997)....

...10 The question is whether it is reasonable to interpret Davis’ claim against NME as an action for unpaid wages within the purview of the statute. See, e.g., Speer v. Mason, 769 So.2d 1102, 1108 (Fla. 4th DCA 2000). This is a mixed question of law and fact. See id. The district court must have relied on F.S. § 448.08 in awarding Davis fees because that is the sole basis on which Davis sought attorneys’ fees....

...Commonwealth Land Title Ins. Co., 707 So.2d 376 (Fla. 5th DCA 1998). In Joseph , the employee alleged that the employer breached an employment contract by terminating him. See id. at 377 . The court denied the claim for attorneys’ fees pursuant to F.S. 448.08 because the suit involved unaccrued wages, wages that would have been due had the employment not been terminated....

...However, the parties altered the employment contract because NME decided that it would be easier to resell Av-Med, a perfectly reasonable business decision. That does not change the fact that the monies owed Davis derive from the employment relationship and thus, we conclude would be considered “wages” under F.S. 448.08....

...4th DCA 1995) (landlord/tenant dispute). 9 . Indeed we are a little confounded by the district court's order awarding fees to Davis and not to NME after finding that the claims were “not inseparable,” in other words separable. We assume this is a typographical error. 10 . Section 448.08 of the Florida Statutes provides: The court may award to the prevailing party in an action for unpaid wages costs of the action and a reasonable attorney's fee. Fla. Stat. § 448.08 (1997)....

...k options. However, as to Case No. 5D03-792, one attorney fee and two cost issues merit discussion. First, we conclude that the trial court properly determined that Islam was entitled to receive an award of his reasonable attorney's fees pursuant to section 448.08 of the Florida Statutes, because the royalty payments and stock options provided to him were "wages" within the meaning of the applicable prevailing party attorney's fee statute: 448.08. Attorney's fees for successful litigants in actions for unpaid wages The court may award to the prevailing party in an action for unpaid wages costs of the action and a reasonable attorney's fee. § 448.08, Fla. Stat. (2000). To that end, Islam alleged in his complaint that this action was for unpaid wages and that he was entitled to receive an award of attorney's fees pursuant to section 448.08 of the Florida Statutes....

...Based upon the facts of the instant case and the relevant case law, we find no error in the trial court's conclusion that the stock options and royalties referred to in Islam's "Compensation Package" were part of Islam's wages. Therefore, Islam was entitled to receive an award of attorney's fees and costs under section 448.08 of the Florida Statutes....

...Appellant filed a three count complaint against her former employer for severance pay and other damages. The trial court granted a directed verdict in favor of appellant and reserved jurisdiction to consider appellant's motion for costs and attorney's fees. Appellant sought fees on the authority of section 448.08, Florida Statutes, which provides that a court may award to a prevailing party, in an action for "unpaid wages," the costs of the action and a reasonable attorney's fee....

...After receiving argument on the question, the trial court granted appellant's motion for costs but denied attorney's fees. The trial court declined to follow Ferry v. XRG International, Inc., 492 So.2d 1101 (Fla. 4th DCA 1986), where severance pay was deemed wages for purposes of section 448.08, apparently on the ground that the Ferry court had not strictly construed this attorney's fee statute because such a construction was not mentioned by the trial court in its ruling or argued on appeal. See, Ferry, 492 So.2d at 1104 n. 1. By contrast, appellee in the case at bar has argued for a strict construction of section 448.08. We find that the trial court misconstrued Ferry, and that attorney's fees are awardable under section 448.08 in the action for unpaid severance pay under the facts of this case. [1] However, section 448.08 vests with the trial court the ultimate discretion as to whether attorney's fees should be awarded....

...s which were due to him as a police officer for the City of Hialeah. The central question presented on appeal is whether a plaintiff, who prevails in an action for unpaid employee disability benefits, is entitled to an award of attorney's fees under Section 448.08, Florida Statutes (1985), which authorizes such an award for "the prevailing party in an action for unpaid wages. ..." Id. (emphasis added). We hold that an action, as here, for unpaid employee disability benefits is not an action for "unpaid wages" within the meaning of Section 448.08, Florida Statutes (1985), and, accordingly, the prevailing party in such action is not entitled to an attorney's fee award under the above statute....

...The trial court thereafter entered a final judgment below granting the declaratory relief requested by Coleman so as to increase his long-term disability benefits due under the above-stated Hialeah ordinance. Coleman, as the prevailing party in the action, then filed a motion for attorney's fees under Section 448.08, Florida Statutes (1985). The trial court denied this motion, and Coleman appeals from this denial. II Section 448.08, Florida Statutes (1985), provides as follows: "The court may award to the prevailing party in an action for unpaid wages costs of the action and a reasonable attorney's fee." Florida courts have held that the prevailing party in an ac...

...with no money whatever when they are permanently or temporarily non-productive or unneeded on the job due to forces beyond their control. An action brought to recover such employment "entitlements" is therefore not an "action for unpaid wages" under Section 448.08, Florida Statutes (1985), and an attorney's fee award for the prevailing party in such an action is not recoverable. [8] III Turning to the instant case, we have no trouble in concluding that the plaintiff Coleman was not entitled to an attorney's fee award in this action under Section 448.08, Florida Statutes (1985)....

...Sandel, 766 So.2d 302 (Fla. 4th DCA 2000) (permitting fees for fees because federal law controlled the award of fees); Diaz v. SantaFe Healthcare, Inc., 642 So.2d 765 (Fla. 1st DCA 1994) (permitting fees for fees in claim for lost wages filed pursuant to § 448.08, Fla....

...2d DCA 2001) (involving arbitration award against securities dealer pursuant to § 517.211(6), Fla. Stat. (1997)); Nat'l Portland Cement Co. v. Goudie, 718 So.2d 274 (Fla. 2d DCA 1998) (denying fees for litigating amount of fees in wrongful termination action filed pursuant to § 448.08, Fla....

...that the four-year limitation in section 95.11(3)(k) for actions on a contract does apply. But cf. Gulf Solar, Inc. v. Westfall, 447 So.2d 363 (Fla. 2d DCA 1984) (wages defined as all remuneration for employment, including commissions, in context of section 448.08 dealing with award of attorney's fees in an action for unpaid wages)....

...f minimum wages in violation of the Fair Labor Standards Act, 29 U.S.C. § 201, et seq. ("FLSA") (Count IV); (5) a state law breach of contract claim for unpaid and lost wages (Count V); and (6) a claim for attorney's fees and costs under Fla. Stat. § 448.08 (Count VI)....

...delay in receipt of wages, nor has Myers made any showing of any damages that would have accrued if such a claim existed. Summary judgment shall be granted in TooJay's favor as to Count III. IV. Count VI — Claim for Attorney's Fees Under Fla. Stat. § 448.08 In Count VI of his Amended Complaint, Myers purports to assert a separate claim for relief seeking attorney's fees and costs "incurred securing payment of wages due under Florida contract law and wages due under the Bankruptcy Act for bankruptcy discrimination under Florida Statutes, § 448.08" (Doc....

...3, ¶ 77). However, there is no stand alone claim for attorney's fees in Florida; such fees can only be recovered pursuant to an entitling statute or an agreement of the parties. See Dade County v. Pena, 664 So.2d 959, 960 (Fla. 1995). Under Fla. Stat. § 448.08, "there must be `an action for back wages'" to implicate the statutory entitlement to attorney's fees....

...Because the Court is granting summary judgment on the Plaintiff's Florida breach of contract claim for unpaid wages, there is no state law claim for unpaid wages remaining in this case which would afford Myers any entitlement to attorney's fees. *61 To the extent Myers seeks to attach his request for attorney's fees under § 448.08 to his remaining claim for bankruptcy discrimination under § 525(b), he has presented no legal authority which would support crafting a state law entitlement onto a federal statutory scheme....

...Summary judgment is granted in favor of Defendant TooJay's Management Corporation, and against Plaintiff Eric Myers as to Count I (discriminatory non-selection under 11 U.S.C. § 525(b)), Count III (discriminatory non-payment of wages under 11 U.S.C. § 525(b)), and Count VI (claim for attorney's fees under Fla. Stat. § 448.08) as set forth in Myers' Amended Complaint (Doc....

...Servs., Inc., 727 So.2d 320 (Fla. 3d DCA 1999); Martin v. Golden Corral Corp., 601 So.2d 1316 (Fla. 2d DCA 1992); Belford Trucking Co. v. Zagar, 243 So.2d 646, 648-49 (Fla. 4th DCA 1970); United States v. Bailey, 419 F.3d 1208 (11th Cir. *523 2005), or under the wages statute, § 448.08, Fla....

...led to a 60% share of the commission. The trial court granted the motion, and entered final judgment in Manla's favor. The trial court also granted Manla's motion for attorney's fees, requested pursuant to section 57.105, Florida Statutes (1985), or section 448.08, Florida Statutes (1985)....

...d not vest prior to his leaving Hagans Co. After analyzing these circumstances, we conclude that the trial court erred in directing a verdict in Manla's favor. Our reversal of the directed verdict renders Manla's attorney's fee award premature under section 448.08 and inappropriate under section 57.105, Florida Statutes (1985)....

...s (1993), to "provide whatever relief is appropriate," and to "[o]rder such ancillary relief as the court finds necessary to redress the effects of official action wrongfully taken or withheld." § 120.68(13)(a)2., Fla. Stat. (1993). Attorney's Fees Section 448.08, Florida Statutes (1993) provides that a "court may award to the prevailing party in an action for unpaid wages costs of the action and a reasonable attorney's fee." (Emphasis supplied.) Proceedings like these have been held not to fall within the statutory category....

...tingent fee contract. That contract provided that plaintiff's attorneys would be paid a fee which would be the higher of either "1) 25% of the gross recovery ...; 2) A reasonable attorneys' fee as determined by the court, and awarded pursuant to ... § 448.08, Fla....

...to award him the back pay and benefits which had been withheld from the date of his suspension. Based on the hearing officer's recommendations, Werthman applied to the Board for reinstatement and requested attorney's fees under sections 230.234 and 448.08, Florida Statutes (1989)....

...The Board further denied Werthman's request for attorney's fees and costs after the Board's Special Counsel advised them that the law provided no basis for such an award. On appeal from the Board's final order, Werthman contends that he was entitled to an award of attorney's fees and costs under section 448.08, Florida Statutes (1989), which provides: The court may award to the prevailing party in an action for unpaid wages [the] costs of the action and a reasonable attorney's fee. However, Werthman's reliance on this statute is misplaced. Section 448.08 provides for the payment of attorney's fees in an "action" involving accrued, but unpaid wages....

...of Liberty County, 415 So.2d 791 (Fla. 1st DCA 1982). Cf. Metropolitan Dade County v. Stein, 384 So.2d 167 (Fla. 3d DCA 1980). However, none of these cases expressly considers whether an administrative hearing is the equivalent of an "action" within the meaning of section 448.08....

...services for officers and employees of said boards who are charged with civil or criminal actions arising out of and in the course of the performance of assigned duties and responsibilities upon successful defense by the employee or officer. As with section 448.08, we find that the term "civil actions" as plainly used in section 230.234 does not encompass an administrative termination proceeding initiated by a school board....

...Therefore, Krueger only addressed whether the school board could determine attorney's fees without an evidentiary hearing before a hearing officer. Consequently, Krueger does not control in the instant case. Based on the above analysis, we find that sections 448.08 and 230.234 of the Florida Statutes do not apply to termination proceedings brought by a school board....

...Paul M. Sisco of Black & Jung, P.A., Tampa, for Appellee. PER CURIAM. Alina C. Young appeals the order dismissing her claim for damages filed against Mobile Dental Health, Inc., pursuant to the Fair Labor Standards Act, 29 U.S.C. section 216(b), and section 448.08, Florida Statutes (1993)....

...$46,380.39. In light of its decision on count I, the trial court found Hingson's unjust enrichment claim in count II to be moot. Both parties filed motions for fees and costs. Hingson sought fees pursuant to the employment agreement and pursuant to section 448.08, Florida Statutes (2003), which allows awards of attorney's fees and costs to successful litigants in actions for unpaid wages....

...denied." The trial court determined that under the employment agreement, the Employers prevailed on the significant issues in the litigation. In its written order entered on April 25, 2007, the court concluded that Hingson was entitled to fees under section 448.08 as the prevailing party....

...On appeal, Hingson argues that because the trial court found that the Employers had breached the employment agreement and because it entered a judgment in her favor for unpaid commissions, the court erred in awarding attorney's fees to the Employers, which offset part of her fee award. Pursuant to section 448.08, the trial court properly awarded fees to Hingson. Section 448.08 provides, "The court may award to the prevailing party in an action for unpaid wages costs of the action and a reasonable attorney's fee." Unpaid commissions are considered wages for purposes of section 448.08. See Gulf Solar, Inc. v. Westfall, 447 So.2d 363, 367 (Fla. 2d DCA 1984); D.G.D., Inc. v. Berkowitz, 605 So.2d 496, 498 (Fla. 3d DCA 1992). The policy behind section 448.08 is to provide "a means to equalize the disparate positions of employees in attempting to collect for the fruits of their labors." Tampa Bay Publ'ns, Inc. v. Watkins, 549 So.2d 745, 747 (Fla. 2d DCA 1989). The fact that Hingson did not recover all the commissions she sought does not alter her status as prevailing party under section 448.08....

...the payroll until his accrued annual leave was exhausted (i.e., 98.33 days). The City appealed and this court per curiam affirmed in City of Jacksonville v. Strasser, 638 So.2d 939 (Fla. 1st DCA 1994). Strasser moved for attorney's fees pursuant to section 448.08, Florida Statutes (1991)....

...ployee would be paid for unused annual leave credits. This appeal followed. Strasser argues the trial court erred in denying him attorney's fees because the relief the trial court gave him constitutes an award of "unpaid wages" within the meaning of section 448.08, Florida Statutes....

...represented *236 full payment of the amount of benefits which had vested. The City further argues that Strasser cannot claim as "unpaid" those leave days which have not yet accrued or are to be paid in the future. We agree with Strasser and reverse. Section 448.08, Florida Statutes (1991), provides: "[t]he court may award to the prevailing party in an action for unpaid wages costs of the action and a reasonable attorney's fee." Initially, we find that annual leave credits qualify as "wages" within the meaning of the statute....

...BENTON, Judge, dissenting. The order on plaintiff's motion for attorney's fees succinctly set out the circuit court's rationale for denying the motion: [T]he issue addressed at trial did not involve an action for "unpaid" wages as that term is defined by § 448.08, Florida Statutes, but involved a dispute in the manner in which a City employee would be paid for unused annual leave credits....

...reased tax liability are not wages within the meaning of the statute. See Coleman v. City of Hialeah, 525 So.2d 435 (Fla. 3rd DCA 1988) ("an action ... for unpaid employee disability benefits is not an action for `unpaid wages' within the meaning of Section 448.08, Florida Statutes"), review denied, 536 So.2d 243....

...Cathleen Scott of the Law Offices of Cathleen Scott, P.A., Jupiter Gardens, for appellee. TAYLOR, J. Defendants Ultimate Makeover Salon & Spa, Inc. and Michele Zalinger appeal from the trial court's denial of their motion for attorney's fees in a suit to recover wages under section 448.08, Florida Statutes (2007)....

...were time-barred and agreed to drop them. She substituted the four additional proposed counts, which essentially sought recovery of the same "wages" claimed under the original two counts. Plaintiff also re-asserted her claim to attorney's fees under section 448.08....

...wages and not a salary or bonus. See, e.g. Nealon v. Right Human Resource Consultants, Inc., 669 So.2d 1120 (Fla. 3d DCA 1996) (a bonus is not wages under Section 95.11(4)(c)). Defendants sought attorney's fees and costs under sections 57.105(1) and 448.08. The trial court granted their claim for costs under section 448.08 but denied their request for attorney's fees under both statutes. As to section 448.08 fees, the court determined that attorney's fees should not be assessed because "[t]ermination of a case based on the statute of limitations while final, and appropriate, is different from a termination on the merits." Regarding section...

...itations were not `frivolous' even under the lower standard now applicable to Section 57.105." Defendants appealed the trial court's refusal to award them attorney's fees. Acknowledging that the trial court has discretion *338 in awarding fees under section 448.08, defendants contend that the court relied upon the wrong standard in reviewing their claim for fees by basing its decision on the fact that defendants prevailed on a statute of limitations defense rather than on a resolution on the merits. Section 448.08, Florida Statutes, provides that "[t]he court may award to the prevailing party in an action for unpaid wages costs of the action and a reasonable attorney's fee." Based on the statute's use of the permissive term "may," it appears that the trial court has broad discretion in awarding attorney's fees under this statute. Because section 448.08 has typically been used to award attorney's fees to prevailing unpaid workers, scant case law exists on awarding attorney's fees to prevailing employers. Case law does support, however, awarding an employer attorney's fees under section 448.08 when the employer prevails under a section 95.11(4)(c) statute of limitations defense....

...aim actually constituted an action for back wages filed beyond the applicable limitations period. § 95.11(4)(c), Fla. Stat. (1979). ... [Thus, t]he trial court properly granted attorney's fees to the [employer], the prevailing party in this action. § 448.08, Fla. Stat. (1979)."). When a trial court misconstrues the scope of its discretion in ruling on a section 448.08 attorney fee award, the proper remedy is to remand the cause to the trial court for further proceedings....

...llant had it felt it had the authority to do so, we remand the cause to the trial court for further proceedings on this issue."). Here, the trial court's order suggests that the court based its decision on the mistaken belief that it could not award section 448.08 attorney's fees to defendants because they prevailed on a statute of limitations defense rather than on the merits....

...We have carefully reviewed the record and are satisfied that the plaintiff proved a prima facie case sufficient to withstand the motion for involuntary dismissal. We turn then to the question of attorney's fees. The plaintiff sought attorney's fees pursuant to section 448.08, Florida Statutes (1985), which provides: "The court may award to the prevailing party in an action for unpaid wages costs of the action and a reasonable attorney's fee." Here, as in Gulf Solar, Inc....

...The notice informed Rappa that it was seeking $5,000 for leaving its employ without notice and for removing company property. Rappa responded by initiating the instant lawsuit in the circuit court of Orange County, Florida. Rappa's suit sought damages pursuant to the Fair Labor Standards Act, 29 U.S.C. section 216(b), and section 448.08, Florida Statutes (2003)....

...Bignotti, 427 So.2d 1070 (Fla. 2d DCA 1983) (section 501.2105, Florida Statutes (1979), the "Little FTC Act"), disapproved on other grounds, Travieso v. Travieso, 474 So.2d 1184 (Fla. 1985); Bill Rivers Trailers, Inc. v. Miller, 489 So.2d 1139 (Fla. 1st DCA 1986) (section 448.08, Florida Statutes (1981), actions for unpaid wages); Inacio v....

...Ruffa tried to convince the trial court to award her additional cash in lieu of the stock options,1 but the trial court denied her request. On November 7, 2013, Ruffa and Saftpay filed competing motions for attorney’s fees and costs pursuant to section 448.08 of the Florida Statutes (2013), each claiming to be the sole prevailing party in the case....

...fees and costs by ruling that the litigation had essentially ended in a tie. Ruffa timely appealed the denial of attorney’s fees and costs, while Saftpay has not appealed the denial of its competing motion for fees and costs. LEGAL ANALYSIS Section 448.08 of the Florida Statutes provides: “The court may award to the prevailing party in an action for unpaid wages costs of the action and a reasonable attorney’s fee.” (emphasis added).2 Ruffa’s primary argument on appeal is that the prevailing party in an unpaid wages claim is necessarily entitled to an award of attorney’s fees despite the legislature’s use of the permissive word “may” in section 448.08, and accordingly, we should review the trial court’s findings regarding which party prevailed and its denial of fees de novo....

...a bonus to which an employee is entitled also falls within that definition. Hingson v. MMI of Fla., Inc., 8 So. 3d 398, 401 (Fla. 2d DCA 2009); Gulf Solar, Inc. v. Westfall, 447 So. 2d 363, 366 (Fla. 2d DCA 1984). 4 section 448.08 itself nor the case law interpreting the statute....

...attorney’s fees under the statute in passing, see Ocean Club Cmty. Ass’n v. Curtis, 935 So. 2d 513, 516 (Fla. 3d DCA 2006); see also Coffie v. Dist. Bd. of Trs, Miami-Dade Cmty. Coll., 739 So. 2d 148, 149 (Fla. 3d DCA 1999), this Court has squarely held that section 448.08 “authorizes, but does not require, an award of attorney’s fees for the prevailing party in an action for unpaid wages,” Williams v. Fla. Mem’l Coll., 453 So. 2d 541, 542 (Fla. 3d DCA 1984) (emphasis added). The other courts of appeal unanimously agree that an award of fees under section 448.08 is merely permissive in nature—not mandatory—and thus, a trial court’s decision to grant or deny attorney’s fees to the prevailing party in an unpaid wages claim is reviewed for an abuse of discretion. Ultimate Makeover Salon & Spa, Inc. v. DiFrancesco, 41 So. 3d 335, 338 (Fla. 4th DCA 2010) (“Based on [section 448.08’s] use of the permissive term ‘may,’ it appears that the trial court has broad discretion in awarding attorney’s fees under this statute.”); Joseph v. Commonwealth Land Title Ins. Co., 707 So. 2d 376, 377 (Fla. 5th DCA 1998) (holding that section 448.08 “allows a court to award attorney’s fees to the prevailing party” (emphasis added)); Woods v. United Indus., 596 So. 2d 801, 802 (Fla. 1st DCA 1992) (“[S]ection 448.08 vests with the trial court the ultimate discretion as to whether attorney’s fees should be awarded.”); Tampa Bay Publ’ns, 5 Inc. v. Watkins, 549 So. 2d 745, 747 (Fla. 2d DCA 1989) (“[S]ection 448.08 does not require the trial court to impose [attorney’s] fees on the successful employee in all cases, but only grants the court the discretion to do so.”)....

...1992) (“[T]he party prevailing on the significant issues in the litigation is the party that should be considered the prevailing party for attorney’s fees.”), the trial court still has broad discretion to decline an award of attorney’s fees pursuant to section 448.08, DiFrancesco, 41 So. 3d at 338 (“[T]he trial court has broad discretion in awarding attorney’s fees under [section 448.08].”)....

...Canakaris v. Canakaris, 382 So. 2d 1197, 1203 (Fla. 1980) (quoting Delno v. Mkt. St. Ry. Co., 124 F.2d 965, 967 (9th Cir. 1942). To be clear, we do not hold that a trial court can never abuse its discretion by denying attorney’s fees under section 448.08. The legislative purpose of section 448.08 was to allow an unpaid wages plaintiff to seek reimbursement from his or her employer without worrying about the cumbersome costs of litigation. See Doyal v. Sch. Bd. of Liberty Cnty., 415 So. 2d 791, 793 (Fla. 1st DCA 1982) (“In enacting Section 448.08, the Legislature intended to avoid the inequity which would result if an employee were required to pay her own attorney’s fees in actions for unpaid wages.”)....

...2013). Section 57.041(1) provides in relevant part: “The party recovering judgment shall recover all his or her legal costs and charges which shall be included in the judgment . . . .” Unlike the discretionary award of attorney’s fees under section 448.08, an award of costs to the prevailing party pursuant to section 57.041 is mandatory in nature. Wilerson v....

...However, this Court has held that “where, as here, a civil action is governed by a specific statute which contains a more particular provision concerning the taxation of costs, the more particular provision controls.” Morales v. Rosenberg, 919 So. 2d 476, 480 (Fla. 3d DCA 2005). Unfortunately for Ruffa, section 448.08 is the more specific provision 8 governing this unpaid wages action, and section 448.08 makes an award of attorney’s fees and costs discretionary: “The court may award to the prevailing party in an action for unpaid wages costs of the action and a reasonable attorney’s fee.” § 448.08 (emphasis added). Moreover, Ruffa’s motion seeking costs directly cited section 448.08, not section 57.041....

...the fee. Otherwise there was no need for the court to include this language. I therefore agree with Cassedy v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 751 So.2d 143 (Fla. 1st DCA 2000), in which the arbitrator awarded attorney's *286 fees under section 448.08, Florida Statutes (1993) in a claim for unpaid wages. Although the employer had objected to the claim for attorney's fees on the ground that section 448.08 did not apply, the employer did not object to the jurisdiction of the arbitrator to award fees in the absence of a waiver....

...unable to conclude that reversible error occurred as to any of these issues. Accordingly, we affirm the judgment under review. Langford also appeals the order denying his motion for attorney's fees. Clearly, Langford is entitled to fees pursuant to section 448.08, Florida Statutes (2008), which allows awards of attorney's fees and costs to successful litigants in actions for unpaid wages. "Unpaid commissions are considered wages for purposes of section 448.08." Hingson v. MMI of Fla., Inc., 8 So.3d 398, 401 (Fla. 2d DCA 2009). As the court further explained in Hingson: The policy behind section 448.08 is to provide "a means to equalize the disparate positions of employees in attempting to collect for the fruits of their labors." Tampa Bay Publ'ns, Inc. v. Watkins, 549 So.2d 745, 747 (Fla. 2d DCA 1989). The fact that Hingson did not recover all the commissions she sought does not alter her status as prevailing party under section 448.08....

...of that breach. Id. Similarly, in Community Design Corp. v. Antonell, 459 So.2d 343, 346 (Fla. 3d DCA 1984), review denied, 469 So.2d 748 (Fla.1985), the court held: Addressing CDC's second theory, we hold that a party prevails within the meaning of section 448.08 when there is an affirmative judgment rendered, even if it is for less than the amount claimed and recovery is not had on all counts....

...Rywant of Mitchell, Alley, Rywant and Vessel, Tampa, for appellee/cross-appellant. SANDERLIN, Judge. This is an appeal and cross-appeal from a final judgment in which the trial court awarded Twomey damages for unpaid compensation under an employment contract, but denied him attorney's fees under section 448.08, Florida Statutes (1985)....

...We reverse on the cross-appeal of the trial court's denial of attorney's fees to Twomey. The trial court was apparently laboring under the misconception that an action for unpaid compensation under a contract did not come within the provision for attorney's fees to the prevailing party under section 448.08, relating to actions for unpaid wages....

...hat plaintiff’s counsel was liable for attorneys' fees under § 1927. The lower court had concluded that the application of the economic realities test clearly demonstrated that the plaintiff was an independent contractor not covered by Fla. Stat. § 448.08 ....

...Accordingly, I would affirm the entire judgment on review. ORDER ON MOTION FOR CLARIFICATION Appellees' motion for clarification is granted, as follows: 1. This court has by separate order dated June 8, 1993, granted Weisfeld appellate attorney's fees pursuant to section 448.08, Florida Statutes, and has remanded to the trial court to determine the amount....

...Weisfeld continued to perform her duties until fired. [4] The judgment against Weisfeld for attorney's fees for trial is reversed. On remand the court shall conduct such proceedings as are appropriate on Weisfeld's application for attorney's fees for trial under section 448.08, Florida Statutes (1987)....

...Barnett Bank, 377 So.2d 1150 (Fla. 1979); Petrulli v. Approved Dry Wall Construction, Inc., 284 So.2d 27 (Fla. 3d DCA 1973), cert. denied, 292 So.2d 18 (Fla. 1974). The trial court properly granted attorney's fees to the County, the prevailing party in this action. § 448.08, Fla....

...We conclude accordingly that reversal is required for the foregoing reasons, without consideration of the merits of appellant's third stated issue, supra. As a prevailing party in an action for unpaid wages, appellant is entitled to attorney's fees and costs pursuant to section 448.08, Florida Statutes (1985) and section 57.041, Florida Statutes (1985)....

...deceptive and unfair trade practice] involving a violation of this part . . . the prevailing party, after judgment in the trial court and exhaustion of all appeals, if any, may receive his or her reasonable attorney’s fees and costs from the nonprevailing party.”); id. § 448.08 (“The court may award to the prevailing party in an action for unpaid wages costs of the action and a reasonable attorney’s fee.”). But section 744.108(1) was not written as a prevailing party attorney’s fee statute. King v....

...2d DCA 1985), "Events during the course of a lawsuit which reveal that the litigation is not sustainable do not necessarily convert a case into one in which fees under section 57.105 are recoverable." Munsey's final point is that the trial court erred in awarding attorney's fees to General Telephone under section 448.08, Florida Statutes....

...however, in which the essence of Munsey's claim was that General Telephone owed her money; its scope and objective were much broader than a wage claim. We have canvassed the reported cases in which a party attempted to recover attorney's fees under section 448.08 and have found no instance in which fees were awarded to a prevailing defendant in a sex discrimination case....

...For instance, in Gardner, unpaid compensation under a contract was determined to be wages; and in Gulf Solar commissions were deemed to be wages for this purpose. In Coleman, an action to recover employee disability benefits was exempted from the scope of section 448.08....

...mages, had she prevailed, might well have included such items as pension and sick leave benefits, which the Coleman court noted are not commonly considered "wages." Despite General Telephone's efforts to downplay their importance, the cases in which section 448.08 has been held inapplicable are significant. For instance, in Buena Vista Construction Co. v. Carpenters Local Union, 472 So.2d 1356 (Fla. 5th DCA 1985), the court held that attorney's fees were not recoverable under section 448.08 in an action to enforce an arbitration award: The instant case was not an action for unpaid wages, since, even though the damages were measured by the amount of lost wages, the basis of recovery was pursuant to the arbitration clause,...

...in actions to enforce arbitration awards. Section *1333 725.07 contains no specific exclusions but unmistakably restricts attorney's fees to the prevailing plaintiff. We are unable to formulate statutory construction gymnastics capable of importing section 448.08 into the gap; in fact, to do so would fly in the face of the legislative policy behind the enactment of the anti-discrimination statute. General Telephone has argued that section 725.07 and section 448.08 are in pari materia and should be read together to permit the trial court's award. We reject the basic presumption underlying such view. Furthermore, we cannot emphasize too forcefully that we are mindful of the burdens facing plaintiffs in employment discrimination lawsuits. To interpret section 448.08 as the trial court has done would impose an even greater barrier to the plaintiff whose foe is often capable of committing substantial resources to defend the charges. The risk of financial obligation could well induce the aggrieved plaintiff's forbearance from seeking an award of damages that could include much more than "unpaid wages." We cannot extract from the enactment of section 448.08 a legislative purpose to create a chilling effect on the pursuit of claims encompassed within section 725.07....

...With these standards in mind, the Court turns to a consideration of Appellant's claims. A. Attorney's Fees Appellant presents two arguments to overturn the bankruptcy court's refusal to award attorney's fees. First, Appellant *115 claims that Florida Statutes § 448.08 [1] requires the Court to award attorney's fees pursuant to a successful action for unpaid wages....

...While recognizing that the statute says only that the Court "may" award attorney's fees to a successful litigant, Appellant cites Doyal v. School Bd. of Liberty County, 415 So.2d 791, 793 (Fla. 1st Dist.Ct.App.1982), which held that failure to award fees pursuant to § 448.08 was an abuse of discretion....

...The Court notes, however, that the holding in Doyal was limited to its facts and turned on the aggravated circumstances surrounding the wrongful termination which are not present in this case. Therefore, the Court rejects this argument, finding Judge Paskay's refusal to award attorney's fees to be justified under § 448.08....

...lanation of its award. Accordingly, it is ORDERED that this case be remanded to the bankruptcy court for proceedings not inconsistent with this order. DONE and ORDERED in Chambers, in Tampa, Florida, this 7th day of August, 1991. NOTES [1] Fla.Stat. § 448.08 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.

...The appellant also argues that the trial court erroneously taxed the entire amount of fees under section 57.105, Florida Statutes, $7,913.75, against her alone where it was obliged to split the fees between her and her attorney. We agree and reverse and remand. Under section 448.08, Florida Statutes, attorney’s fees and costs may be awarded to the prevailing party in an action for unpaid wages. However, section 448.08 does not apply to independent contractors....

...The appellant brought several counterclaims that were unsuccessful. After a jury trial at which the appellees were awarded $916.14 on their unpaid wage claim and $23,707.94 in damages on the remaining claim, the ap-pellees filed a motion for attorney’s fees pursuant to section 448.08 and a motion for fees under section 57.105....

...prevailing party, after judgment," noting that the defendants technically did not receive a judgment in their favor on the Chapter 501 count. Id. at 269; see also Bill Rivers Trailers, Inc. v. Miller, 489 So.2d 1139 (Fla. 1st DCA 1986) (interpreting § 448.08)....

...We grant appellees’ motion for attorney’s fees contingent on either the trial court’s finding of their entitlement to fees under section 768.79, Florida Statutes (1997), or a finding that Titus was not an independent contractor, such that he would be entitled to fees under section 448.08, Florida Statutes (1997)....

...rida Statutes (2003), which provided that “the prevailing party ... may receive his or her reasonable attorney’s fees and costs from the nonpre-vailing party.”); Williams v. Fla. Mem'l. Coll, 453 So.2d 541, 542 (Fla. 3d DCA 1984) (stating that section 448.08, Florida Statutes (1981), “authorizes, but does not require, an award of attorney’s fees” where statute provided the court may award prevailing party fees)....

...ack pay awards, and the cash value of all remuneration paid in any medium other than cash." § 443.1217(1), Fla. Stat. (2009). Similarly, in awarding attorney's fees in actions for "unpaid wages," the term "unpaid wages" includes unpaid commissions. § 448.08, Fla. Stat. (2009); Gulf Solar, Inc. v. Westfall, 447 So.2d 363, 367 (Fla. 2d DCA 1984) (holding that commissions are wages within the meaning of section 448.08); Langford v....

...rformed," allegedly $31,149.65. Count II alleged a claim for account stated; Count III alleged a claim for quantum meruit. The employer answered the complaint, asserted three affirmative defenses, and requested attorney's fees and costs, pursuant to section 448.08, Florida Statutes (2003)....

...The trial court granted the employer's motion for summary judgment finding that *737 the record failed to support the amount alleged to be due and therefore the claims for breach of contract, account stated and quantum meruit could not be established. The employer moved for attorneys' fees and costs, pursuant to section 448.08....

...The account stated claim failed because the employee was unable to establish a relationship giving rise to an account or the amount of the account. The employee argues that the trial court erred in awarding attorney's fees and costs to the employer under section 448.08, Florida Statutes (2003). We disagree. That statute authorizes a trial court to award attorney's fees and costs "to the prevailing party in an action for unpaid wages." § 448.08, Fla....

...the amount could be determined by subtracting what she received from the salary she was to be paid for her services under the employment agreement. For all of these reasons, we find no error in the trial court's award of attorney's fees, pursuant to section 448.08, Florida Statutes....

SHAHOOD, J. Richard P. Krupa (Krupa) was employed by Rosen Building Supplies, Inc. (Rosen) as a salesman. After his employment was terminated, Krupa filed suit against Rosen seeking unpaid wages pursuant to section 448.08, Florida Statutes....

...In addition, Krupa also sought prejudgment interest, costs, interest, and attorneys’ fees. Rosen answered the complaint, denying that Krupa was due unpaid wages and asserting that Krupa’s claim was essentially one for breach of contract rather than one for unpaid wages under section 448.08....

...On Rosen’s counterclaim, the jury found that Krupa breached the employment agreement and awarded Ro-sen $1,107.42. Subsequently, Rosen filed a motion to tax costs and fees based on Krupa’s prior rejection of a proposal for settlement in the amount of $40,000. Krupa also filed motions to award attorney’s fees based on section 448.08, Florida Statutes, and costs based on sections 57.041 and 57.071, Florida Statutes....

...DePani Constr., Inc., 883 So.2d 344, 346 (Fla. 4th DCA 2004)(citing Folta v. Bolton, 493 So.2d 440, 442 (Fla.1986)). Upon review, we disagree with the trial court’s conclusion that the claims in this case were inextricably intertwined. Following the Avatar criteria, Krupa’s section 448.08 unpaid wages claim was entirely independent of and distinct from Rosen’s breach of contract claim. We hold that Krupa was the prevailing party in his claim based on section 448.08....

...t jurisdiction." Importantly, the award specifically stated that Plaintiff, the Individual Defendants and SunAmerica requested attorneys fees. The award stated that the Plaintiff was liable for "attorneys' fees for breach of contract and pursuant to Section 448.08, [1] Florida Statutes." (Emphasis added). In the Case before this Court, Plaintiff has filed a motion to vacate or modify the panel's attorneys fee award, arguing the panel lacked subject matter jurisdiction. Plaintiff notes that there was no claim made by Defendants pursuant to Section 448.08 and also notes that it could not be found liable for breach of contract because the Individual Defendants' Counterclaim did not state a breach of contract action....

...Plaintiff concedes that arbitration awards cannot be vacated based on misinterpretations or misapplication of the law. Plaintiff does make one argument worthy of further discussion; Plaintiff points out that the panel's award stated that the Plaintiff was liable for "attorneys' fees for breach of contract and pursuant to Section 448.08, Florida Statutes" but notes the Counterclaim makes no reference to a wage claim or a breach of contract claim....

...Ullman, Berquist and Calabrisotto's Motion to Strike (Dkt. 6) is MOOT. The clerk is directed to close this case. NOTES [1] A Court may award to the prevailing party in an action for unpaid wages costs of the action and a reasonable attorney's fee. Florida Statutes § 448.08 [2] Unless otherwise provided in the agreement or provision for arbitration, the arbitrators' and umpire's expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award....

...ue a claim to their portion of the deposit. [1] Therefore, we reverse the judgment in part and remand for modification in accordance with the provisions of paragraph two of the judgment. Additionally, we reverse the award of fees to the broker under section 448.08, Florida Statutes....

...It appears that recovery in the trial court was predicated upon appellant’s failure to pay appellee, an independent agent, a commission. An independent corporate agent cannot be deemed the employee of appellant. The award of attorney’s fees pursuant to Section 448.08, Fla.Stat....

Thus, an award of attorney’s fees, pursuant to section 448.08, Florida Statutes (1995), was appropriate.

...nunciated *1268 in Simmons v. Schimmel, 476 So.2d 1342 (Fla. 3d DCA 1985), review denied, 486 So.2d 597 (Fla.1986), and then, if appropriate, to exercise its discretion by ruling on the merits of Aristar’s request for attorney’s fees pursuant to section 448.08, Florida Statutes (1981)....

...condemnation proceeding); Ruffa v. Saftpay, Inc., 163 So. 3d 711, 3 715 (Fla. 3d DCA 2015) (explaining that section 57.041 did not apply because the unpaid wages action was governed by the more specific statute of section 448.08, Florida Statutes, which made an award of costs and fees discretionary); First Protective Ins....

...On July 25, 2008, he brought this lawsuit against Wall to Wall, Acosta, and Lim (collectively “Wall to Wall”),11 seeking back wages, unpaid overtime, liquidated damages, prejudgment interest, attorney’s fees, and litigation expenses under the FLSA in Count I, and Fla. Stat. § 448.08, in Count II.12 11 See supra note 1. 12 The district court had jurisdiction over Count I pursuant to 29 U.S.C....

...We treat the motion filed by Ainslee R. 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)....

...At the same time, we affirmed the trial court's dismissals in favor of Ocean Club on the other two counts brought by Curtis against Ocean Club—counts for breach of contract and defamation. In Ocean Club II, we agreed with the trial court that Curtis was entitled to an award of attorney fees and costs under section 448.08 of the Florida Statutes (2004) for prevailing on the conversion count on the basis that the award in actuality was an award for unpaid wages within the meaning of that statute, but found error in the amounts awarded for both and revers...

...unty’s hiring of an employee at a rate higher than step 1 violated Article 44 of the Collective Bargaining Agreement (CBA).1 On June 28, 2017, Petitioners filed suit against the County in Circuit Court, alleging that the County had (i) violated section 448.08 of the Florida Statutes by failing to pay their wages, thus entitling them to an 1 The CBA is the Collective Bargaining Agreement Between Miami-Dade County and American Federation of State, County and Municipal Employees A.F.L.-C.I....

the only basis stated for a fees award was section 448.08, Florida Statutes (2021), authorizing fees

attorney. In so deciding, the court relied on section 448.08, Florida Statutes, which limited fee awards

...Weindruch recovered damages on a number of claims that are not contested in this appeal. At the conclusion of the proceedings the trial court awarded attorney's *634 fees in favor of Mr. Weindruch on the authority of Paragraph 17 of the contract between the parties, as well as section 448.08, Florida Statutes (2003)....

...eement, the prevailing party shall be entitled to reasonable attorney's fees and expenses from the losing party, whether incurred before suit is brought, before or at trail (sic) or the arbitration proceeding, on appeal or in insolvency proceedings. Section 448.08 entitled, "Attorney's fees for successful litigants in actions for unpaid wages," indicates that "The court may award to the prevailing party in an action for unpaid wages costs of the action and a reasonable attorney's fee." Inasmuch...

...of the present appeal. In this regard, we agree with the position of the Second District Court of Appeal, which applied the Supreme Court of Florida's decision in State Farm Fire & Cas. Co. v. Palma, 629 So.2d 830 (Fla. 1993), to cases arising under section 448.08. In National Portland Cement Co. v. Goudie, 718 So.2d 274, 275 (Fla. 2d DCA 1998), the Second District held that the prevailing party is entitled under section 448.08 to attorney's fees to establish entitlement to such an award, but not to establish the amount of the award....

...dismissed Villa Lyan’s appeal, rather than treating 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...

PER CURIAM. This appeal is from an order awarding attorney’s fees under section 448.08, Florida Statutes (1983) (authorizing fees in action for unpaid wages), pre-judgment interest, and costs, all of which were based upon a judgment entered for the plaintiff on his claim for breach of an employment contract....

...pay Van Dusen the commissions he claims he earned prior to termination, just because the jobs for which the commissions were allegedly earned were not commenced until after his employment terminated. Van Dusen’s motion for attorney’s fees under section 448.08, Florida Statutes (1987) is premature, because it has not yet been determined that he is the prevailing party in the litigation, although he has prevailed on appeal....

...erest. It did not reserve jurisdiction to award attorney’s fees on remand nor did it expressly deny any claim for fees. Neither party appealed the final judgment. On July 23, 1999, Barber filed a motion for prevailing party attorney’s fees under section 448.08 “for services and incurred expenses in his representation ......

...and awarding NME $645,452 on its indemnification claim. Both Davis and NME filed motions for attorneys’ fees. NME based its claim for fees on the attorneys’ fees clause in the Stock Purchase Agreement, while Davis sought fees based on § 448.08 of the Florida Statutes providing for attorneys’ fees and costs in actions for unpaid wages....

...1995) (holding that attorneys’ fees may not be awarded absent a statutory or contractual provision for such fees). It is undisputed that the Employment Contract does not contain a prevailing party fee provision. Therefore, Davis relies exclusively on Florida Statute § 448.08 which provides a trial court 9 Indeed we are a little confounded by the district court’s order awarding fees to Davis and not to NME after finding that the claims were “not inseparable,” in other words separable. We assume this is a typographical error. 13 with the discretion to award attorneys’ fees to the prevailing party in an action for unpaid wages. See Fla. Stat. § 448.08 (1997).10 The question is whether it is reasonable to interpret Davis’ claim against NME as an action for unpaid wages within the purview of the statute. See, e.g., Speer v. Mason, 769 So.2d 1102, 1103 (Fla. 4th DCA 2000). This is a mixed question of law and fact. See id. The district court must have relied on F.S. § 448.08 in awarding Davis fees because that is the sole basis on which Davis sought attorneys’ fees....

...Commonwealth Land Title Ins. Co., 707 So.2d 376 (Fla. 5th DCA 1998). In Joseph, the employee alleged that the employer breached an employment contract by terminating him. See id. at 377. The court denied the claim for attorneys’ fees pursuant to F.S. 448.08 because the suit involved unaccrued wages, wages that 10 Section 448.08 of the Florida Statutes provides: The court may award to the prevailing party in an action for unpaid wages costs of the action and a reasonable attorney’s fee. Fla. Stat. § 448.08 (1997). 14 would have been due had the employment not been terminated....

...ded that it would be easier to resell Av-Med, a perfectly reasonable business decision. That does not change the fact that the monies owed Davis derive from the employment relationship and thus, we conclude would be considered “wages” under F.S. 448.08.11 Accordingly, we affirm the district court’s order awarding Davis attorneys’ fees, but only those fees incurred in connection with the breach of contract claim. C....

...m, and awarding NME $645,452 on its indemnification claim. Both Davis and NME filed motions for attorneys' fees. NME based its claim for fees on the attorneys' fees clause in the Stock Purchase Agreement, while Davis sought fees based on § 448.08 of the Florida Statutes providing for attorneys' fees and costs in actions for unpaid wages....

...Pena, 664 So.2d 959, 960 (Fla.1995) (holding that attorneys' fees may not be awarded absent a statutory or contractual provision for such fees). It is undisputed that the Employment Contract does not contain a prevailing party fee provision. Therefore, Davis relies exclusively on Florida Statute § 448.08 which provides a trial court with the discretion to award attorneys' fees to the prevailing party in an action for unpaid wages. See Fla. Stat. § 448.08 (1997).10 The question is whether it is reasonable to interpret Davis' claim against NME as an action for unpaid wages within the purview of the statute. See, e.g., Speer v. Mason, 769 So.2d 1102, 1103 (Fla. 4th DCA 2000). This is a mixed question of law and fact. See id. The district court must have relied on F.S. § 448.08 in awarding Davis fees because that is the sole basis on which Davis sought attorneys' fees....

...Furthermore, in its Findings of Fact and Conclusions of Law, 9 Indeed we are a little confounded by the district court's order awarding fees to Davis and not to NME after finding that the claims were "not inseparable," in other words separable. We assume this is a typographical error. 10 Section 448.08 of the Florida Statutes provides: The court may award to the prevailing party in an action for unpaid wages costs of the action and a reasonable attorney's fee. Fla. Stat. § 448.08 (1997). the district court found that NME "agreed to employ Davis at specified compensation, through a given date" and that "NME breached that agreement through its failure to make the agreed compensation payments to Davis on the dates d...

...Commonwealth Land Title Ins. Co., 707 So.2d 376 (Fla. 5th DCA 1998). In Joseph, the employee alleged that the employer breached an employment contract by terminating him. See id. at 377. The court denied the claim for attorneys' fees pursuant to F.S. 448.08 because the suit involved unaccrued wages, wages that would have been due had the employment not been terminated....

...However, the parties altered the employment contract because NME decided that it would be easier to resell Av-Med, a perfectly reasonable business decision. That does not change the fact that the monies owed Davis derive from the employment relationship and thus, we conclude would be considered "wages" under F.S. 448.08.11 Accordingly, we affirm the district court's order awarding Davis attorneys' fees, but only those fees incurred in connection with the breach of contract claim. C....

...Claimant also argues that her claims for attorney’s fees, interest, and costs are so closely aligned with the underlying *307 claim for wages that the Court should allow all the claims as one priority claim. In support of her argument, claimant cites Florida Statute 448.08 which states that “[t]he (state) Court may award to the prevailing party in an action for unpaid wages costs of the action and a reasonable attorney’s fee.” Fla.Stat. 448.08 (1993). Claimant also cites Florida Statutes which award interest and court costs to a prevailing party. See Fla.Stat. 448.08, 55.03(1), and 57.041 (1993)....

PER CURIAM. AFFIRMED. As to attorney’s fees under section 448.08, see Gulf Solar, Inc....

(1) the parties’ noncompete agreement, (2) section 448.08, Florida Statutes (2022), (3) Florida Rule

...itled to attorney’s fees. Carvajal then petitioned the circuit court to vacate or modify the portion of the award that ruled on attorney’s fees, but otherwise to confirm the award. He argued that he was entitled to attorney’s fees, pursuant to section 448.08, Florida Statutes (2012), because he was a successful litigant in an action for unpaid wages....

the underlying suit followed. Pursuant to section 448.08, Florida Statutes (1995), the trial court may

...r. Accordingly, this motion will be denied. This ruling does not encompass the Defendants’ workers’ compensation exclusivity defense, inasmuch as that defense has been withdrawn. The Court also does not reach the “defense” based on Fla.Stat. § 448.08, since it is actually a post-trial claim for attorneys’ fees which may or may not materialize, depending on the outcome of the case....

...st be reversed. In addition, Cohen argues on cross-appeal that the trial court erred by failing to reserve jurisdiction to award attorney’s fees. We agree. Unpaid commissions fall within the term “wages” when attorney’s fees are sought under section 448.08, Florida Statutes (1987)....

...s incurred in obtaining an arbitration award against BDO for approximately $4 million plus prejudgment interest. The issue presented is apparently one of first impression: whether an attorney's fee statute applicable to an action for "unpaid wages," section 448.08, Florida Statutes (2008), [1] applies to a compensation dispute between a partner and an LLP....

...erican Arbitration Association and arbitrators. In June 2006, Bee filed a complaint in the Miami-Dade circuit court against BDO seeking confirmation of the final arbitration award and an award by the court of attorney's fees and costs under sections 448.08 and 448.104. [4] The trial court confirmed the arbitration award, characterized it as "an action for unpaid wages for purposes of section 448.08," and awarded Bee attorney's fees in the amount of $286,655.50, in a final judgment against BDO....

...Giving effect to the arbitrators' findings, the caption and introductory sentence in the Understanding (referring to Bee's continued or remaining "employment" by BDO) support the characterization of the unpaid amounts as "wages." On that basis, the trial court correctly applied section 448.08....

...[4] § 448.104 shifts attorney's fees and costs in favor of the prevailing party in a so-called "whistleblower" action. The arbitrators made no findings that would warrant an award under that section, and the trial court limited the basis for its award against BDO to § 448.08....

...Relocator Company ("Ryan Relocator") and Defendant Ryan G. Nicholson ("Nicholson"). DeMaria avers that during the course of his employment the Defendants failed to properly pay him minimum wage and overtime in accordance with the Fair Labor Standards Act ("FLSA") and Section 448.08 of the Florida Statutes....

...record), for Appellant. Jennifer L. Jordan of Jennifer Jordan Law, PLLC, Brandon, for Appellee. ROTHSTEIN-YOUAKIM, Judge. Kovar Law Group appeals the trial court's order awarding attorney's fees to Jennifer Jordan and her cocounsel Kyle Lee under section 448.08, Florida Statutes (2022)....

...seeking money damages under an unjust enrichment theory. She alleged that Kovar, a law firm, had hired her to help resolve personal injury cases for its clients and that for at least one of those cases, Kovar had failed to pay her for her work. She demanded attorney's fees under section 448.08, which states, in its entirety: "Attorney's fees for successful litigants in actions for unpaid wages.—The court may award to the prevailing party in an action for unpaid wages costs of the action and a reasonable attorney's fee." Jo...

...osal and signed the release. Jordan then moved for fees. Relying on Dufresne v. DaimlerChrysler Corp., 975 So. 2d 555 (Fla. 2d DCA 2008), she claimed that although she had not recovered a judgment, she necessarily was a "prevailing party" under section 448.08 because Kovar had accepted her proposal to resolve the unjust enrichment claim. Kovar countered that 2 even if Jordan had "prevailed" on her unjust enrichment claim, she was still required to demonstrate that she had been an employee of Kovar to obtain fees under section 448.08....

...accepted Jordan's proposal for settlement, the court did not need to decide whether Jordan had been an employee or an independent contractor. According to the court, Kovar's acceptance of the proposal automatically made Jordan a "prevailing party" entitled to fees under section 448.08. The court then set an evidentiary hearing to determine the fee award....

...which was an action at law under the common law.' " (quoting Com. P'ship 8098 Ltd. P'ship v. Equity Contracting Co., 695 So. 2d 383, 390 (Fla. 4th DCA 1997))). Here, however, Jordan's common law unjust enrichment claim against Kovar included a tag-along demand for fees under section 448.08. See Baker v. Fid. Mortg. Direct Corp., No. 8:10-CV- 2596-T-24TBM, 2011 WL 1560665, at *2 n.4 (M.D. Fla. Apr. 25, 2011) ("Section 448.08 does not create a cause of action for unpaid wages; it relates only to the award of attorneys' fees for prevailing parties in an action for unpaid wages brought pursuant to some other law."). Even so, only employees may recover fees under section 448.08; independent contractors may not. See Skylink, Inc. v. Titus, 745 So. 2d 377 (Fla. 4th DCA 1999) (affirming jury verdict in favor of salesman under an oral contract but remanding for a determination of whether the salesman was an employee entitled to fees under section 448.08); see also Shelly L. Hall, M.D., P.A. v. White, 97 So. 3d 907, 908 (Fla. 1st DCA 2012) ("Under section 448.08, Florida Statutes, attorney's fees and costs may be awarded to the prevailing party in an action for unpaid wages. However, section 448.08 does not apply to independent contractors."). 4 And whether Jordan qualifies as one or the other has yet to be resolved. Her technical employment status is not relevant to any element of her unjust enrichment claim....

...ements of the unjust enrichment claim—an understanding consistent with the provision that the proposal is "exclusive of any and all claims" for fees. The trial court may have been persuaded that Jordan was automatically entitled to fees under section 448.08 based on Dufresne, 975 So....

...That is because the MMWA provides for a discretionary award of fees to a consumer who "finally prevails" in a lawsuit brought under the Act. 15 U.S.C. § 2310(d)(2). Here, in contrast, notwithstanding that Jordan has prevailed on her common law claim, she cannot recover statutory fees under section 448.08 without an additional factual finding that she was an employee of Kovar. We therefore reverse the trial court's entitlement order and remand for the court to determine whether Jordan was an employee of Kovar at the relevant time. If it finds that she was, the court must then determine whether to exercise its discretion to award fees under section 448.08. We caution, however, that even if the trial court makes the requisite finding on remand to support entitlement and exercises its discretion to award fees, it may not simply reinstate the fee award....

...n, we conclude, contrary to the appellees’ alternative position, that the lessee’s release of the lessor when the deposit was, in fact, returned has no effect on the present dispute. We agree that the broker’s claim for attorney’s fees under section 448.08, Florida Statutes (1987) was properly stricken....

THOMPSON, Judge. F. Larry Joseph appeals an order entered pursuant to section 448.08, Florida Statutes, awarding attorney’s fees to Commonwealth Land Title Insurance Company* 'Joseph’s former employer. We reverse based on our determination that section 448.08* which allows a court to award attorney’s fees to the prevailing party in an action for unpaid wages, applies to actions to recover accrued but unpaid wages, and doés not apply in an action for breach of an employment contract where the damages are unacerued wages....

...He also alleged fraud, misrepresentation, and entitlement to an accounting. This court affirmed the summary judgment in favor of Commonwealth. Joseph v. Commonwealth Land Title Ins. Co., 681 So.2d 1154 (Fla. 5th DCA 1996). Thereafter, the trial court granted Commonwealth’s motion for attorney’s fees based on section 448.08, and awarded Commonwealth $17,731.58. Section 448.08 provides: 448.08....

...employment not been terminated, that is, for unacerued wages, we hold that the court erred in applying the statute and reverse the judgment awarding attorney’s fees to Commonwealth. REVERSED and REMANDED. GRIFFIN, C.J., and GOSHORN, J., concur. . § 448.08, Fla....

...The judgment entered on the jury verdict suffers no infirmities. On a second issue, we agree with Sentinel that, by virtue of the summary judgment entered adverse to Godwin on his claim for unpaid wages or salary, Sentinel is a prevailing party under section 448.08, Florida Statutes (1987), and is, therefore, entitled to attorney’s fees....

SCHWARTZ, Chief Judge. On the controlling authority of Metropolitan Dade County v. Stein, 384 So.2d 167 (Fla. 3d DCA 1980), we hold that Pena is entitled under section 448.08, Florida Statutes (1985), to an award of the attorney’s fees incurred in an administrative proceeding before a hearing examiner which resulted in his reinstatement as a Dade County bus driver....

PER CURIAM. A corporate independent contractor which prevails in an action to recover bonuses promised for early completion of a construction project is not entitled to attorney’s fees pursuant to section 448.08, Florida Statutes (1983), which authorizes such fees where an “employee” prevails in an action to recover “unpaid wages.” See Fitch v....

...Second, the professor was clearly employed to teach the overload courses in question and was entitled to the compensation awarded him by the trial court. Third, the trial court committed reversible error in concluding that attorney’s fees were not legally recoverable in this action under Section 448.08, Florida Statutes (1981), and in denying a request by the professor for attorney’s fees on this basis....

...As to Counts I and II involving federal, civil rights claims, the defendant relies upon 42 U.S.C. § 1988 . Under the two state claims for breach of contract (Count III) and violation of the Florida Whistle-Blower Act (Count IV), the County cites FLA. ST AT. ANN. § 448.08 and § 112.3187(9)(d), respectively....

...r Rule 56 motion. Therefore, this court cannot award attorneys’ fees pursuant to section 1988 for the plaintiff’s assertion of Counts II through IV. The County also seeks to recover under the two state law claims. Relying upon *468 FLA.STAT.ANN. § 448.08 and § 112.3187(9)(d), the defendant claims it is a prevailing party under these sections, thereby entitling it to an award of reasonable attorneys’ fees incurred in defending this action....

...Id.; Hatch v. Dance, 464 So.2d 713, 714 (Fla. 4th DCA 1985). Section 112.3187(9)(d) is clearly applicable in this case as it entitles the prevailing party on a Florida Whistle-Blower claim to recover reasonable attorneys’ fees. In terms of the application of section 448.08, the question is whether Count III of the amended complaint was an action to recover back wages....

...pursuant to Florida Statutes”. Given these facts and the plaintiff's failure to allege the application of any other section of the Code, it is apparent that the defendant is correct in labeling Count III as an action within the purview of FLA.STAT. § 448.08. Also see James Gardner Corp. v. Twomey, 496 So.2d 946 (Fla. 2nd DCA 1986) (section 448.08 applies to claims for unpaid monies owing under a contract)....

...JUDGED that the motion of the defendant Board for an award of costs and attorneys’ fees is GRANTED. The defendant’s bill of costs is hereby APPROVED in the total amount of $780.10. Pursuant to Federal Rule 11, 42 U.S.C. § 1988 , and FLA.STAT. §§ 448.08 and 112.- *469 3187(9)(d), attorney’s fees shall be awarded to the defendant Board in the total sum of $10,032.50....