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Florida Statute 448.08 | Lawyer Caselaw & Research
F.S. 448.08 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 448.08

The 2023 Florida Statutes (including Special Session C)

Title XXXI
LABOR
Chapter 448
GENERAL LABOR REGULATIONS
View Entire Chapter
F.S. 448.08
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.
History.s. 1, ch. 78-327.

F.S. 448.08 on Google Scholar

F.S. 448.08 on Casetext

Amendments to 448.08


Arrestable Offenses / Crimes under Fla. Stat. 448.08
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 448.08.



Annotations, Discussions, Cases:

Cases from cite.case.law:

ALFONSO, v. MIAMI- DADE COUNTY,, 274 So. 3d 1152 (Fla. App. Ct. 2019)

. . . Petitioners filed suit against the County in Circuit Court, alleging that the County had (i) violated section 448.08 . . .

IN RE CENTURY ONCOLOGY HOLDINGS, INC., 597 B.R. 217 (Bankr. S.D.N.Y. 2019)

. . . Statute § 448.08 and/or 29 U.S.C. § 1132(g) : $ 335,584.50; and E. . . . Florida Statutes § 448.08 provides a non-contractual right to attorneys fees only to a prevailing party . . . Stat. ch. 448.08. The statute's use of the term "wages" has been held to include a bonus. . . . That decision also notes that "a party prevails within the meaning of section 448.08 when there is an . . . On the other hand, if Woods prevails on this claim to a third bonus, under Florida Statutes § 448.08 . . .

J. SCHLESINGER, v. JACOB,, 240 So. 3d 75 (Fla. App. Ct. 2018)

. . . . § 448.08 ("The court may award to the prevailing party in an action for unpaid wages costs of the action . . .

RISHELL, v. COMPUTER SCIENCES CORPORATION, a, 702 F. App'x 103 (4th Cir. 2017)

. . . . § 448.08 (2016). . . . Stat. § 448.08 here, CSC nevertheless contends that the amount of the award is unreasonable because the . . . Stat. § 448.08 does not apply to this case. . . . Stat. § 448.08. in this case does not require the statute to operate beyond its territorial jurisdiction . . .

RUFFA, v. SAFTPAY, INC., 163 So. 3d 711 (Fla. Dist. Ct. App. 2015)

. . . LEGAL ANALYSIS Section 448.08 of the Florida Statutes provides: “The court may award to the prevailing . . . United Indus., 596 So.2d 801, 802 (Fla. 1st DCA 1992) (“[Section 448.08 vests with the trial court the . . . Watkins, 549 So.2d 745, 747 (Fla. 2d DCA 1989) (“[Section 448.08 does not require the trial court to . . . , and section 448.08 makes an' award of attorney’s fees and costs discretionary: “The court may award . . . Moreover, Ruffa’s motion seeking costs directly cited section 448.08, not section 57.041. . . .

VILLA LYAN, INC. v. PEREZ,, 159 So. 3d 940 (Fla. Dist. Ct. App. 2015)

. . . Additionally, because Perez no longer qualifies as the “prevailing party” under section 448.08, Florida . . . Section 448.08, Florida Statutes, specifically states: "The court may award to the prevailing party in . . .

ADAMS, v. JUMPSTART WIRELESS CORPORATION, a, 294 F.R.D. 668 (S.D. Fla. 2013)

. . . . § 448.08. DE 19 ¶¶ 32-61. . . .

VAN, Sr. v. SCHMIDT,, 122 So. 3d 243 (Fla. 2013)

. . . order suggests that the court based its decision on the mistaken belief that it could not award section 448.08 . . .

CARVAJAL, v. BANC OF AMERICA INVESTMENT SERV. INC., 122 So. 3d 393 (Fla. Dist. Ct. App. 2013)

. . . He argued that he was entitled to attorney’s fees, pursuant to section 448.08, Florida Statutes (2012 . . .

S. SALTZMAN, M. D. P. A. v. HADLOCK,, 112 So. 3d 772 (Fla. Dist. Ct. App. 2013)

. . . Coll, 453 So.2d 541, 542 (Fla. 3d DCA 1984) (stating that section 448.08, Florida Statutes (1981), “authorizes . . .

SHELLY L. HALL, M. D. P. A. d b a v. K. WHITE, M. D. K. M. D. P. A., 97 So. 3d 907 (Fla. Dist. Ct. App. 2012)

. . . Under section 448.08, Florida Statutes, attorney’s fees and costs may be awarded to the prevailing party . . . However, section 448.08 does not apply to independent contractors. See Goodwin v. Blu Murray Ins. . . . damages on the remaining claim, the ap-pellees filed a motion for attorney’s fees pursuant to section 448.08 . . .

SMITH, v. PSYCHIATRIC SOLUTIONS, INC., 864 F. Supp. 2d 1241 (N.D. Fla. 2012)

. . . . § 448.08. . . .

JOSENDIS, v. WALL TO WALL RESIDENCE REPAIRS, INC. a, 662 F.3d 1292 (11th Cir. 2011)

. . . . § 448.08, in Count II. . . .

J. BAKER, v. I. STORFER,, 51 So. 3d 652 (Fla. Dist. Ct. App. 2011)

. . . . § 448.08, Fla. Stat. (2009); Gulf Solar, Inc. v. . . . So.2d 363, 367 (Fla. 2d DCA 1984) (holding that commissions are wages within the meaning of section 448.08 . . .

LANGFORD, v. PARAVANT, INC., 48 So. 3d 75 (Fla. Dist. Ct. App. 2010)

. . . Clearly, Langford is entitled to fees pursuant to section 448.08, Florida Statutes (2008), which allows . . . “Unpaid commissions are considered wages for purposes of section 448.08.” Hingson v. . . . As the court further explained in Hingson: The policy behind section 448.08 is to provide “a means to . . . recover all the commissions she sought does not alter her status as prevailing party under section 448.08 . . . court held: Addressing CDC’s second theory, we hold that a party prevails within the meaning of section 448.08 . . .

ULTIMATE MAKEOVER SALON SPA, INC. a v. DiFRANCESCO,, 41 So. 3d 335 (Fla. Dist. Ct. App. 2010)

. . . the trial court’s denial of them motion for attorney’s fees in a suit to recover wages under section 448.08 . . . Plaintiff also re-asserted her claim to attorney’s fees under section 448.08. . . . Defendants sought attorney’s fees and costs under sections 57.105(1) and 448.08. . . . As to section 448.08 fees, the court determined that attorney’s fees should not be assessed because “ . . . Section 448.08, Florida Statutes, provides that “[t]he court may award to the prevailing party in an . . .

AMERICA S CHOICE, INC. v. BIENVENU,, 700 F. Supp. 2d 1 (D.D.C. 2010)

. . . . § 448.08 (2009). . . .

BDO SEIDMAN, LLP, v. W. BEE,, 24 So. 3d 1278 (Fla. Dist. Ct. App. 2010)

. . . first impression: whether an attorney’s fee statute applicable to an action for “unpaid wages,” section 448.08 . . . of the final arbitration award and an award by the court of attorney’s fees and costs under sections 448.08 . . . confirmed the arbitration award, characterized it as “an action for unpaid wages for purposes of section 448.08 . . . On that basis, the trial court correctly applied section 448.08. . . . warrant an award under that section, and the trial court limited the basis for its award against BDO to § 448.08 . . .

CELISTICS, LLC, v. GONZALEZ,, 22 So. 3d 824 (Fla. Dist. Ct. App. 2009)

. . . headquartered in Miami-Dade County, asserting claims for unpaid wages and vacation pursuant to section 448.08 . . .

MYERS, v. TOOJAY S MANAGEMENT CORPORATION,, 419 B.R. 51 (Bankr. M.D. Fla. 2009)

. . . . § 448.08 (Count VI). . . . law and wages due under the Bankruptcy Act for bankruptcy discrimination under Florida Statutes, § 448.08 . . . Stat. § 448.08, “there must be ‘an action for back wages’ ” to implicate the statutory entitlement to . . . To the extent Myers seeks to attach his request for attorney’s fees under § 448.08 to his remaining claim . . . Stat. § 448.08) as set forth in Myers’ Amended Complaint (Doc. 3). . . .

MURRAY, P. A. A. v. PLAYMAKER SERVICES, LLC, a, 325 F. App'x 873 (11th Cir. 2009)

. . . Stat. § 448.08. . . . Unpaid commissions are considered wages under § 448.08. Gulf Solar, Inc. v. . . . Stat. § 448.08], and is, therefore, entitled to attorney’s fees”. Sentinel Enters., Inc. v. . . . Stat. § ] 448.08 attorney’s fees do not apply to [claims brought as] independent contractors.” . . . Stat. § 448.08 only applies to actions brought by an “employee” to recover “unpaid wages”). . . .

VEGA, v. T- MOBILE USA, INC. a, 564 F.3d 1256 (11th Cir. 2009)

. . . . § 448.08, a section of Florida’s labor statutes that provides for the payment of attorneys’ fees and . . . F.Supp.2d 1202, 1208 n. 6 (S.D.Fla.2006) (noting that an action for unpaid or back wages, for which § 448.08 . . . Section 448.08 provides, in its entirety, "The court may award to the prevailing party in an action for . . . Slat. § 448.08. . . .

M. HINGSON, v. MMI OF FLORIDA, INC. a L. C. a, 8 So. 3d 398 (Fla. Dist. Ct. App. 2009)

. . . Hingson sought fees pursuant to the employment agreement and pursuant to section 448.08, Florida Statutes . . . Pursuant to section 448.08, the trial court properly awarded fees to Hing-son. . . . Section 448.08 provides, “The court may award to the prevailing party in an action for unpaid wages costs . . . Unpaid commissions are considered wages for purposes of section 448.08. See Gulf Solar, Inc. v. . . . The policy behind section 448.08 is to provide “a means to equalize the disparate positions of employees . . .

LAREMONT, v. ABSOLUTE HEALTH CARE FOR WOMEN OF ALL AGES, P. A. A, 988 So. 2d 735 (Fla. Dist. Ct. App. 2008)

. . . , asserted three affirmative defenses, and requested attorney’s fees and costs, pursuant to section 448.08 . . . The employer moved for attorneys’ fees and costs, pursuant to section 448.08. . . . argues that the trial court erred in awarding attorney’s fees and costs to the employer under section 448.08 . . . court to award attorney’s fees and costs “to the prevailing party in an action for unpaid wages.” § 448.08 . . . these reasons, we find no error in the trial court’s award of attorney’s fees, pursuant to section 448.08 . . .

MURRAY, v. PLAYMAKER SERVICES, LLC, a, 548 F. Supp. 2d 1378 (S.D. Fla. 2008)

. . . damages in counts one though four under the FLSA and in counts six and seven under Florida statute § 448.08 . . . this Court should exclusively apply the Florida fee statute because “Plaintiff brought a claim under § 448.08 . . . Finally, defendants’ arguments supporting granting attorney’s fees under Florida statute § 448.08 all . . . It appears from the motion that defendants only sought recovery from plaintiff under § 448.08. . . .

DISTRICT BOARD OF TRUSTEES OF BROWARD COMMUNITY COLLEGE, v. CALDWELL,, 959 So. 2d 767 (Fla. Dist. Ct. App. 2007)

. . . Caldwell moved for attorney’s fees pursuant to section 448.08, Florida Statutes (2005). . . .

OCEAN CLUB COMMUNITY ASSOCIATION, INC. v. CURTIS,, 994 So. 2d 1115 (Fla. Dist. Ct. App. 2007)

. . . with the trial court that Curtis was entitled to an award of attorney fees and costs under section 448.08 . . .

DeMARIA, v. RYAN P. RELOCATOR COMPANY, a G., 512 F. Supp. 2d 1249 (S.D. Fla. 2007)

. . . him minimum wage and overtime in accordance with the Fair Labor Standards Act (“FLSA”) and Section 448.08 . . .

J. GOODWIN, v. BLU MURRAY INSURANCE AGENCY, INC., 939 So. 2d 1098 (Fla. Dist. Ct. App. 2006)

. . . Goodwin alleged an entitlement to attorney’s fees in count one pursuant to section 448.08. . . . amend his complaint to assert a claim as ah independent contractor for attorney’s fees under section 448.08 . . . trial court, concluding that an independent contractor could not seek attorney’s fees under section 448.08 . . . Second, though we conclude that section 448.08 attorney’s fees do not apply to independent contractors . . . The jury’s finding will establish his entitlement to attorney’s fees and' costs under section 448.08. . . .

Z. APPELBAUM, v. FAYERMAN, 937 So. 2d 282 (Fla. Dist. Ct. App. 2006)

. . . ., 751 So.2d 143 (Fla. 1st DCA 2000), in which the arbitrator awarded attorney’s fees under section 448.08 . . . Although the employer had objected to the claim for attorney’s fees on the ground that section 448.08 . . .

R. EDWARDS, v. NILES SALES SERVICE, INC. a, 439 F. Supp. 2d 1202 (S.D. Fla. 2006)

. . . . § 448.08. . . . Defendant may have an exemption from paying Plaintiff his overtime”). .Plaintiff cites Florida Statute § 448.08 . . . Section 448.08 does not, however, .create or otherwise provide for a cause of action for back wages, . . . Stat. § 448.08 ("The court may award to the prevailing party in an action for unpaid wages costs of the . . . bring such a claim pursuant to Florida common law or, in the alternative, whatever statute other than § 448.08 . . .

ALVAREZ PEREZ, v. SANFORD- ORLANDO KENNEL CLUB, INC., 469 F. Supp. 2d 1086 (M.D. Fla. 2006)

. . . wages in violation of the Fair Labor Standards Act of 1938 (“FLSA”), Florida common law, and Chapter 448.08 . . .

OCEAN CLUB COMMUNITY ASSOCIATION, INC. v. CURTIS,, 935 So. 2d 513 (Fla. Dist. Ct. App. 2006)

. . . on the conversion claim, and that he was entitled to attorney’s fees and costs pursuant to section 448.08 . . . Pursuant to section 448.08, Florida Statutes (2004), the prevailing party in an unpaid wages claim is . . . As these amounts are considered wages pursuant to section 448.08, the trial court properly found that . . . 496 (Fla. 3d DCA 1992) (holding that unpaid commissions were “wages” within the meaning of section 448.08 . . . Section 448.08, Florida Statutes (2004), provides: "The court may award to the prevailing party in an . . .

OCEAN CLUB COMMUNITY ASSOCIATION, INC. v. CURTIS,, 934 So. 2d 522 (Fla. Dist. Ct. App. 2005)

. . . Bailey, 419 F.3d 1208 (11th Cir. 2005), or under the wages statute, § 448.08, Fla. . . .

ROBERT W. BAIRD CO. INC. v. SUNAMERICA SECURITIES, INC., 399 F. Supp. 2d 1314 (M.D. Fla. 2005)

. . . stated that the Plaintiff was liable for “attorneys’ fees for breach of contract and pursuant to Section 448.08 . . . Plaintiff notes that there was no claim made by Defendants pursuant to Section 448.08 and also notes . . . Florida Statutes § 448.08 . . . .

ROSEN BUILDING SUPPLIES, INC. A v. P. KRUPA,, 927 So. 2d 899 (Fla. Dist. Ct. App. 2005)

. . . employment was terminated, Krupa filed suit against Rosen seeking unpaid wages pursuant to section 448.08 . . . Krupa’s claim was essentially one for breach of contract rather than one for unpaid wages under section 448.08 . . . Krupa also filed motions to award attorney’s fees based on section 448.08, Florida Statutes, and costs . . . Following the Avatar criteria, Krupa’s section 448.08 unpaid wages claim was entirely independent of . . . We hold that Krupa was the prevailing party in his claim based on section 448.08. . . .

CUSUMANO, v. MAQUIPAN INTERNATIONAL, INC. d b a, 390 F. Supp. 2d 1216 (M.D. Fla. 2005)

. . . In Count Two, under Chapter 448.08 of the Florida Statutes, he asserts that Maquipan wilfully failed . . .

RAPPA, v. ISLAND CLUB WEST DEVELOPMENT, INC., 890 So. 2d 477 (Fla. Dist. Ct. App. 2004)

. . . suit sought damages pursuant to the Fair Labor Standards Act, 29 U.S.C. section 216(b), and section 448.08 . . .

WIGHT, v. WIGHT,, 880 So. 2d 692 (Fla. Dist. Ct. App. 2004)

. . . So.2d 765 (Fla. 1st DCA 1994) (permitting fees for fees in claim for lost wages filed pursuant to § 448.08 . . . 1998) (denying fees for litigating amount of fees in wrongful termination action filed pursuant to § 448.08 . . .

DEPAOLA, v. TOWN OF DAVIE,, 872 So. 2d 377 (Fla. Dist. Ct. App. 2004)

. . . Department. 5. award plaintiff the costs of this action and a reasonable attorney’s fee pursuant to s. 448.08 . . .

PALADYNE CORP. v. WEINDRUCH,, 867 So. 2d 630 (Fla. Dist. Ct. App. 2004)

. . . Weindruch on the authority of Paragraph 17 of the contract between the parties, as well as section 448.08 . . . Section 448.08 entitled, “Attorney’s fees for successful litigants in actions for unpaid wages,” indicates . . . Palma, 629 So.2d 830 (Fla.1993), to cases arising under section 448.08. . . . 275 (Fla. 2d DCA 1998), the Second District held that the prevailing party is entitled under section 448.08 . . .

S. ELDER d b a v. M. ISLAM,, 869 So. 2d 600 (Fla. Dist. Ct. App. 2004)

. . . determined that Islam was entitled to receive an award of his reasonable attorney’s fees pursuant to section 448.08 . . . provided to him were “wages” within the meaning of the applicable prevailing party attorney’s fee statute: 448.08 . . . prevailing party in an action for unpaid wages costs of the action and a reasonable attorney’s fee. § 448.08 . . . for unpaid wages and that he was entitled to receive an award of attorney’s fees pursuant to section 448.08 . . . Therefore, Islam was entitled to receive an award of attorney’s fees and costs under section 448.08 of . . .

WARE ELSE, INC. v. OFSTEIN,, 856 So. 2d 1079 (Fla. Dist. Ct. App. 2003)

. . . the terms of her employment under the letter agreement with Enterprises in accordance with section 448.08 . . .

MEDIPLEX CONSTRUCTION OF FLORIDA, INC. v. SCHAUB, 856 So. 2d 13 (Fla. Dist. Ct. App. 2003)

. . . expressly chose to limit Pal-ma and held that in an action for unpaid wages under Florida Statutes, section 448.08 . . . The court reconciled Palma by explaining that, unlike section 627.428(1), one purpose of section 448.08 . . . amount of fees, assuming that the time benefitted the client, comported with the purpose behind section 448.08 . . . There the court held that under section 448.08, the trial court may not award fees for time spent establishing . . .

GILLELAND R. v. W. MILLER, Jr., 829 So. 2d 997 (Fla. Dist. Ct. App. 2002)

. . . counsel in the lawsuit, not a party, attorney’s fees could not be awarded against him under section 448.08 . . .

H. DAVIS, v. NATIONAL MEDICAL ENTERPRISES, INC. a v. B, 253 F.3d 1314 (11th Cir. 2001)

. . . fees on the attorneys’ fees clause in the Stock Purchase Agreement, while Davis sought fees based on § 448.08 . . . Therefore, Davis relies exclusively on Florida Statute § 448.08 which provides a trial court with the . . . Stat. § 448.08 (1997). . . . The district court must have relied on F.S. § 448.08 in awarding Davis fees because that is the sole . . . Stat. § 448.08 (1997). . We recognize that we are making an “Erie” guess. Erie Railroad Co. v. . . .

SPEER, v. MASON E. f k a, 769 So. 2d 1102 (Fla. Dist. Ct. App. 2000)

. . . final judgment awarding attorney’s fees in favor of Charles Mason pursuant to the provisions of section 448.08 . . . Speer contends that Mason is not entitled to attorney’s feés since section 448.08 is applicable only . . . This court, in Ferry, upheld an attorney’s fee award under section 448.08 in an action by an employee . . . Section 448.08, Florida Statutes, provides that'''The court may award to the prevailing party in an action . . .

BARBER, v. CITY OF RIVIERA BEACH, a, 764 So. 2d 602 (Fla. Dist. Ct. App. 2000)

. . . On July 23, 1999, Barber filed a motion for prevailing party attorney’s fees under section 448.08 “for . . .

R. CASSEDY, Jr. v. MERRILL LYNCH, PIERCE, FENNER SMITH, INC., 751 So. 2d 143 (Fla. Dist. Ct. App. 2000)

. . . 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 . . . Lynch repeatedly argued that the panel should deny Cassedy’s claim for attorney’s fees under section 448.08 . . . court, Merrill Lynch argued that it had asserted throughout the arbitration proceedings that section 448.08 . . . Instead, Merrill Lynch argued only that attorney’s fees were not awardable pursuant to section 448.08 . . .

SKYLINE, INC. v. TITUS S C, 745 So. 2d 377 (Fla. Dist. Ct. App. 1999)

. . . that Titus was not an independent contractor, such that he would be entitled to fees under section 448.08 . . .

COFFIE, v. DISTRICT BOARD OF TRUSTEES, MIAMI- DADE COMMUNITY COLLEGE,, 739 So. 2d 148 (Fla. Dist. Ct. App. 1999)

. . . Pursuant to section 448.08, Florida Statutes (1995), the trial court may award attorney’s fees to the . . . She later amended her complaint to allege a claim for attorney’s fees pursuant to section 448.08 under . . . Following the second trial, the trial judge denied Coffie’s motion for attorney’s fees under section 448.08 . . .

C. YOUNG, v. MOBILE DENTAL HEALTH, INC., 730 So. 2d 766 (Fla. Dist. Ct. App. 1999)

. . . Dental Health, Inc., pursuant to the Fair Labor Standards Act, 29 U.S.C. section 216(b), and section 448.08 . . .

NATIONAL PORTLAND CEMENT COMPANY, a v. A. GOUDIE,, 718 So. 2d 274 (Fla. Dist. Ct. App. 1998)

. . . the prevailing party, Goudie moved for and was awarded $138,610 in attorney’s fees based on sections 448.08 . . . The application of a multiplier in fees awarded pursuant to section 448.08, Florida Statutes (1995), . . .

F. JOSEPH, v. COMMONWEALTH LAND TITLE INSURANCE CO., 707 So. 2d 376 (Fla. Dist. Ct. App. 1998)

. . . Larry Joseph appeals an order entered pursuant to section 448.08, Florida Statutes, awarding attorney . . . We reverse based on our determination that section 448.08* which allows a court to award attorney’s fees . . . Thereafter, the trial court granted Commonwealth’s motion for attorney’s fees based on section 448.08 . . . Section 448.08 provides: 448.08. . . . GRIFFIN, C.J., and GOSHORN, J., concur. . § 448.08, Fla. Stat. . . .

SAUNDERS, v. HUNTER,, 980 F. Supp. 1236 (M.D. Fla. 1997)

. . . . § 448.08. . . . . § 448.08 because the Fair Labor Standards Act is Plaintiffs exclusive remedy for lost wages. . . .

BROWN, v. JUPITER HOSPITAL, 695 So. 2d 406 (Fla. Dist. Ct. App. 1997)

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

PAL- MED HEALTH SERVICES, v. JOHNSON,, 683 So. 2d 160 (Fla. Dist. Ct. App. 1996)

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

C. SIMPSON, v. R. SIMPSON,, 680 So. 2d 1085 (Fla. Dist. Ct. App. 1996)

. . . wife for the two younger children ($788), the court ordered the husband to pay to the wife the sum of $448.08 . . . Child Husband’s Support Obligation for Received Support Trial Court’s Method ($1450 + $607) $2057.00 $448.08 . . .

DADE COUNTY, v. PE A,, 664 So. 2d 959 (Fla. 1995)

. . . Third District Court of Appeal held that Humberto Peña was entitled to attorney’s fees under section 448.08 . . . The court determined that section 448.08 entitled Peña to attorney’s fees for the action at law, but . . . We approve both of these cases to the extent that they interpret section 448.08 to require a literal . . . 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. . . .

M. EDGAR J. v. CAPE CORAL MEDICAL CENTER, INC. a a, 664 So. 2d 1068 (Fla. Dist. Ct. App. 1995)

. . . National Life; count V, punitive damages; and count VI, attorney’s fees under sections 57.105, 86.081, 448.08 . . .

ROLLINS v. CORPORATION,, 907 F. Supp. 1514 (M.D. Fla. 1995)

. . . . § 448.08, since it is actually a post-trial claim for attorneys’ fees which may or may not materialize . . .

In C. J. WRIGHT COMPANY, INCORPORATED, SECURITIES INVESTOR PROTECTION CORPORATION, v. C. J. WRIGHT COMPANY, INCORPORATED,, 183 B.R. 305 (Bankr. M.D. Fla. 1995)

. . . In support of her argument, claimant cites Florida Statute 448.08 which states that “[t]he (state) Court . . . Fla.Stat. 448.08 (1993). . . . See Fla.Stat. 448.08, 55.03(1), and 57.041 (1993). . . .

A. STRASSER, v. CITY OF JACKSONVILLE, FLORIDA, a, 655 So. 2d 234 (Fla. Dist. Ct. App. 1995)

. . . Strasser moved for attorney’s fees pursuant to section 448.08, Florida Statutes (1991). . . . relief the trial court gave him constitutes an award of “unpaid wages” within the meaning of section 448.08 . . . Section 448.08, Florida Statutes (1991), provides: “[t]he court may award to the prevailing party in . . . issue addressed at trial did not involve an action for “unpaid” wages as that term is defined by § 448.08 . . . unpaid employee disability benefits is not an action for ‘unpaid wages’ within the meaning of Section 448.08 . . .

PENA, v. DADE COUNTY, a, 648 So. 2d 1199 (Fla. Dist. Ct. App. 1994)

. . . Stein, 384 So.2d 167 (Fla. 3d DCA 1980), we hold that Pena is entitled under section 448.08, Florida . . .

C. DAVIS, v. SCHOOL BOARD OF GADSDEN COUNTY,, 646 So. 2d 766 (Fla. Dist. Ct. App. 1994)

. . . Attorney’s Fees Section 448.08, Florida Statutes (1993) provides that a “court may award to the prevailing . . .

G. DIAZ, v. SANTAFE HEALTHCARE, INC., 642 So. 2d 765 (Fla. Dist. Ct. App. 1994)

. . . This cause is before us on appeal from a final order awarding attorney fees under section 448.08, Florida . . . At least one apparent purpose of section 448.08, Florida Statutes, is to encourage attorneys to represent . . .

R. J. KATZ COMPANY, a v. B. T. I. FREIGHT SYSTEMS, INC. a Do, 632 So. 2d 244 (Fla. Dist. Ct. App. 1994)

. . . We agree that the broker’s claim for attorney’s fees under section 448.08, Florida Statutes (1987) was . . .

L. WARSHALL, v. J. PRICE,, 629 So. 2d 905 (Fla. Dist. Ct. App. 1993)

. . . The court determined Price was entitled to fees and costs pursuant to section 448.08, Florida Statutes . . . Section 448.08 reads: “Attorney’s fees for successful litigants in actions for unpaid wages.— The court . . .

SINGER PRODUCTS, INC. v. TECNECOL, LTDA., 625 So. 2d 892 (Fla. Dist. Ct. App. 1993)

. . . The award of attorney’s fees pursuant to Section 448.08, Fla.Stat. (1978) was error. . . .

THORNBER, Al v. CITY OF FORT WALTON BEACH,, 622 So. 2d 570 (Fla. Dist. Ct. App. 1993)

. . . Miller, 489 So.2d 1139 (Fla. 1st DCA 1986) (section 448.08, Florida Statutes (1981), actions for unpaid . . .

WEISFELD, v. PETERSEIL SCHOOL CORP. d b a, 623 So. 2d 515 (Fla. Dist. Ct. App. 1993)

. . . by separate order dated June 8, 1993, granted Weisfeld appellate attorney’s fees pursuant to section 448.08 . . . proceedings as are appropriate on Weisfeld’s application for attorney’s fees for trial under section 448.08 . . .

D. G. D. INC. v. BERKOWITZ,, 605 So. 2d 496 (Fla. Dist. Ct. App. 1992)

. . . under the authority of the above statute, the award is nonetheless perfectly sustainable under section 448.08 . . . prevailing party in an action for unpaid wages costs of the action and a reasonable attorney’s fee.” § 448.08 . . .

M. WERTHMAN, v. SCHOOL BOARD OF SEMINOLE COUNTY, FLORIDA,, 599 So. 2d 220 (Fla. Dist. Ct. App. 1992)

. . . Werthman applied to the Board for reinstatement and requested attorney’s fees under sections 230.234 and 448.08 . . . order, Werthman contends that he was entitled to an award of attorney’s fees and costs under section 448.08 . . . Section 448.08 provides for the payment of attorney’s fees in an “action” involving accrued, but unpaid . . . As with section 448.08, we find that the term “civil actions” as plainly used in section 230.234 does . . . Based on the above analysis, we find that sections 448.08 and 230.234 of the Florida Statutes do not . . .

L. WOODS, v. UNITED INDUSTRIES, CORP., 596 So. 2d 801 (Fla. Dist. Ct. App. 1992)

. . . Appellant sought fees on the authority of section 448.08, Florida Statutes, which provides that a court . . . ., 492 So.2d 1101 (Fla. 4th DCA 1986), where severance pay was deemed wages for purposes of section 448.08 . . . By contrast, appellee in the case at bar has argued for a strict construction of section 448.08. . . . find that the trial court misconstrued Ferry, and that attorney’s fees are awardable under section 448.08 . . . However, section 448.08 vests with the trial court the ultimate discretion as to whether attorney’s fees . . .

IVENS CORPORATION, v. U. COHEN,, 593 So. 2d 529 (Fla. Dist. Ct. App. 1992)

. . . Unpaid commissions fall within the term “wages” when attorney’s fees are sought under section 448.08, . . .

In MURRAY INDUSTRIES, INC. A. SCHLEICHER, v. MURRAY INDUSTRIES, INC., 130 B.R. 113 (M.D. Fla. 1991)

. . . First, Appellant claims that Florida Statutes § 448.08 requires the Court to award attorney’s fees pursuant . . . 415 So.2d 791, 793 (Fla. 1st Dist.Ct.App.1982), which held that failure to award fees pursuant to § 448.08 . . . rejects this argument, finding Judge Paskay’s refusal to award attorney’s fees to be justified under § 448.08 . . . Fla.Stat. § 448.08 states: The court may award to the prevailing party in an action for unpaid wages . . .

CAPITAL COPY, INC. I. M. S. G. v. STALLMER,, 582 So. 2d 40 (Fla. Dist. Ct. App. 1991)

. . . As to attorney’s fees under section 448.08, see Gulf Solar, Inc. v. . . .

CITY OF OPA- LOCKA v. GREASON, 47 Fla. Supp. 2d 73 (Fla. Cir. Ct. 1991)

. . . erred in holding that the appellee was entitled to an award of attorney’s fees pursuant to Section 448.08 . . . Section 448.08, Fla. . . . , contends and the trial court agreed that the monies owed him were “wages” within the meaning of § 448.08 . . . spent in this cause debating exactly what is the definition of an “employee”, the cases applying § 448.08 . . . have focused on whether the monies in dispute were in fact “wages” under § 448.08. . . .

E. H. CRUMP OF FLORIDA, INC. d b a S. v. S. AIKIN,, 571 So. 2d 1353 (Fla. Dist. Ct. App. 1990)

. . . . § 448.08, Fla. . . .

F. COX v. HAMMOND AND COMPANY, INC. a, 566 So. 2d 936 (Fla. Dist. Ct. App. 1990)

. . . Additionally, we reverse the award of fees to the broker under section 448.08, Florida Statutes. . . .

McGREGOR, v. BOARD OF COUNTY COMMISSIONERS FOR PALM BEACH COUNTY, FLORIDA,, 130 F.R.D. 464 (S.D. Fla. 1990)

. . . . § 448.08 and § 112.3187(9)(d), respectively. . . . Relying upon FLA.STAT.ANN. § 448.08 and § 112.3187(9)(d), the defendant claims it is a prevailing party . . . In terms of the application of section 448.08, the question is whether Count III of the amended complaint . . . Twomey, 496 So.2d 946 (Fla. 2nd DCA 1986) (section 448.08 applies to claims for unpaid monies owing under . . . Pursuant to Federal Rule 11, 42 U.S.C. § 1988, and FLA.STAT. §§ 448.08 and 112.-3187(9)(d), attorney’ . . .

BARNES SURGICAL SPECIALTIES, INC. F. v. E. BRADSHAW,, 549 So. 2d 1189 (Fla. Dist. Ct. App. 1989)

. . . . § 448.08, Fla.Stat. (1987). . . . counter that Bradshaw’s failure to request attorney’s fees in his pleadings is fatal because section 448.08 . . .

TAMPA BAY PUBLICATIONS, INC. a k a s v. WATKINS,, 549 So. 2d 745 (Fla. Dist. Ct. App. 1989)

. . . Publications (Tampa Bay) challenges a final judgment which awarded $9,375.00 in attorney fees under section 448.08 . . . In her complaint, Watkins demanded a reasonable attorney’s fee under section 448.08. . . . The trial court ruled that Watkins was entitled to an attorney fee award under section 448.08. . . . We also observed that section 448.08 does not require the trial court to impose fees on the successful . . . Section 448.08 specifically provides that the trial court may award the prevailing party a reasonable . . .

VAN DUSEN, v. SINGLE PLY INTERNATIONAL, INC. OF FLORIDA,, 545 So. 2d 960 (Fla. Dist. Ct. App. 1989)

. . . Van Dusen’s motion for attorney’s fees under section 448.08, Florida Statutes (1987) is premature, because . . .

In CHURCHFIELD MANAGEMENT INVESTMENT CORPORATION,, 100 B.R. 389 (Bankr. N.D. Ill. 1989)

. . . This Final Application requests $571,863.00 in expenses and $33,-448.08 in expenses. . . .

MUNSEY, v. GENERAL TELEPHONE COMPANY OF FLORIDA,, 538 So. 2d 1328 (Fla. Dist. Ct. App. 1989)

. . . point is that the trial court erred in awarding attorney’s fees to General Telephone under section 448.08 . . . Despite General Telephone’s efforts to downplay their importance, the cases in which section 448.08 has . . . We are unable to formulate statutory construction gymnastics capable of importing section 448.08 into . . . General Telephone has argued that section 725.07 and section 448.08 are in pari materia and should be . . . To interpret section 448.08 as the - trial court has done would impose an even greater barrier to the . . .

SENTINEL ENTERPRISES, INC. a v. STANKIEWICZ,, 545 So. 2d 288 (Fla. Dist. Ct. App. 1989)

. . . adverse to Godwin on his claim for unpaid wages or salary, Sentinel is a prevailing party under section 448.08 . . .

HAGANS COMPANY A. v. R. MANLA,, 534 So. 2d 750 (Fla. Dist. Ct. App. 1988)

. . . motion for attorney’s fees, requested pursuant to section 57.105, Florida Statutes (1985), or section 448.08 . . . Our reversal of the directed verdict renders Mania’s attorney’s fee award premature under section 448.08 . . .

ZAC SMITH COMPANY, INC. v. MOONSPINNER CONDOMINIUM ASSOCIATION, INC., 534 So. 2d 739 (Fla. Dist. Ct. App. 1988)

. . . 1356 (Fla. 5th DCA 1985) (involving attorney fees sought in an arbitrated labor dispute under section 448.08 . . .

IAMAIO, v. L. KITE, a a, 531 So. 2d 400 (Fla. Dist. Ct. App. 1988)

. . . 1984) (wages defined as all remuneration for employment, including commissions, in context of section 448.08 . . .

CORNELL COMPUTER CORP. v. DAMION,, 530 So. 2d 497 (Fla. Dist. Ct. App. 1988)

. . . . § 448.08, Fla.Stat. (1987). . . .

COLEMAN, v. CITY OF HIALEAH,, 525 So. 2d 435 (Fla. Dist. Ct. App. 1988)

. . . action for unpaid employee disability benefits, is entitled to an award of attorney’s fees under Section 448.08 . . . unpaid employee disability benefits is not an action for “unpaid wages” within the meaning of Section 448.08 . . . Coleman, as the prevailing party in the action, then filed a motion for attorney’s fees under Section 448.08 . . . II Section 448.08, Florida Statutes (1985), provides as follows; “The court may award to the prevailing . . . recover such employment “entitlements” is therefore not an “action for unpaid wages” under Section 448.08 . . .

W. GIMBEL v. INTERNATIONAL MAILING AND PRINTING CO. INC. G. R., 506 So. 2d 1081 (Fla. Dist. Ct. App. 1987)

. . . Miller, 489 So.2d 1139 (Fla. 1st DCA 1986) (interpreting § 448.08). . . .

JEFFUS v. THE CORAL GABLES RETIREMENT BOARD,, 21 Fla. Supp. 2d 117 (Fla. Cir. Ct. 1987)

. . . Section 448.08, Fla. . . . George Orr entered an Order on June 12, 1984 awarding attorney’s fees to an employee under Section 448.08 . . . Herbert Moriarity entered an Order on February 14, 1983 awarding attorney’s fees under Section 448.08 . . . disability pension in the present case was an action for unpaid wages within the meaning of Section 448.08 . . .

D. GREENE, v. SCHOOL BOARD OF HAMILTON COUNTY,, 501 So. 2d 50 (Fla. Dist. Ct. App. 1987)

. . . an action for unpaid wages, appellant is entitled to attorney’s fees and costs pursuant to section 448.08 . . .

JAMES W. GARDNER CORPORATION, v. J. TWOMEY, III,, 496 So. 2d 946 (Fla. Dist. Ct. App. 1986)

. . . for unpaid compensation under an employment contract, but denied him attorney’s fees under section 448.08 . . . contract did not come within the provision for attorney’s fees to the prevailing party under section 448.08 . . .

ARISTAR, INC. v. J. ARMSTRONG,, 497 So. 2d 1267 (Fla. Dist. Ct. App. 1986)

. . . its discretion by ruling on the merits of Aristar’s request for attorney’s fees pursuant to section 448.08 . . .

G. FERRY, v. XRG INTERNATIONAL, INC., 492 So. 2d 1101 (Fla. Dist. Ct. App. 1986)

. . . the trial court’s denial of cross appellant’s attorney’s fees, which he sought pursuant to section 448.08 . . . Chapter 448 of the Florida Statutes provides in section 448.08 that attorney fees may be awarded by the . . . action is not one for unpaid wages within the definition of Chapter 448 of the Florida Statutes, section 448.08 . . . The plaintiff sought attorney’s fees pursuant to section 448.08, Florida Statutes (1985), which provides . . . definitions of "wages” is appropriate, that: (1) there is no definition of "wages” provided for in section 448.08 . . . with the trial court’s discretion in deciding whether to award an attorney’s fee pursuant to section 448.08 . . .

TELESPHERE INTERNATIONAL, INC. v. SCOLLIN,, 489 So. 2d 1155 (Fla. Dist. Ct. App. 1986)

. . . This appeal is from an order awarding attorney’s fees under section 448.08, Florida Statutes (1983) ( . . .

BILL RIVERS TRAILERS, INC. v. J. MILLER,, 489 So. 2d 1139 (Fla. Dist. Ct. App. 1986)

. . . review: (1) whether the trial court erred in awarding attorney’s fees to Miller pursuant to Section 448.08 . . . statutory attorney’s fees to BRT on Count I; (3) whether the trial court erred in finding that Section 448.08 . . . awarded for the time of a legal assistant; and (4) whether the trial court erred in awarding Section 448.08 . . . motion to amend the third amended complaint to include a prayer for attorney’s fees pursuant to Section 448.08 . . . BRT was not a prevailing party as to Count I, and was not entitled to attorney’s fees under Section 448.08 . . . affirmative judgment is the prevailing party for purposes of an attorney’s fee award pursuant to Section 448.08 . . .