Florida/Georgia Personal Injury & Workers Compensation

...es that prohibit deceptive business practices, see Fla. Stat. § 501.201 et seq., and misleading advertising, see Fla. Stat. § 817.41 . Both statutory causes of action authorize a court to award attorney fees to the prevailing party. See Fla. Stat. § 501.2105 ; Fla....

...es should be attributed. First, we find no basis for attributing the potential award of attorney fees to Cohen, either individually or as the class representative. The claim for attorney fees in this case is based on two Florida statutes: Fla. Stat. § 501.2105 (1), authorizing an award of attorney fees to “the prevailing party” in an action based on deceptive business practices; and Fla....

...establish the requisite amount in controversy. As for the first factor, the class members in this case could recover their individual attorney fees incurred in separate, individual suits under Florida’s consumer protection statutes. See Fla. Stat. § 501.2105 (1) (authorizing fee award for “prevailing party”); Fla....

...ortant compensatory purpose. In BMW of North Amer., Inc. v. Krathen, 510 So.2d 366, 368 (Fla. 4th Dist. Ct.App.1987), the District Court of Appeals for the Fourth District noted that “the obvious purpose of the ‘Little FTC Act’ [which includes § 501.2105(1)] is to make consumers whole for losses caused by fraudulent consumer practices [and that] ......

...With respect to the recovery of damages, FDUTPA provides: In any action brought by a person who has suffered a loss as a result of a violation of this part, such person may recover actual damages, plus attorney's fees and court costs as provided in s. 501.2105....

...Second, adequate incentives exist for consumers who have sustained an actual loss to obtain redress. We note that customers who succeed in establishing one of the statutory claims pleaded in the complaint would be entitled to an award of attorney's fees. See § 501.2105, Fla....

for attorney’s fees and costs pursuant to section 501.2105 of the Florida statute. In response, Hertz

...�s analysis for either procedural or substantive unconscionability. Instead, Plaintiff argues that, without the ability to litigate as a class, the possibility of a discretionary award of attorney’s fees on his FDUTPA claim, pursuant to Fla. Stat. § 501.2105(1), is not a sufficient incentive for an attorney to take that claim....

...oceeding against Sprint to the same extent as he would be able to in court. And Plaintiff makes claims under a Florida law, the FDUTPA, that specifically allows for the permissive recovery of attorney’s fees and costs in civil suits. Fla. Stat. § 501.2105(1)....

...ation clause's bar on an award of attorney's fees defeats a remedial purpose of FDUTPA.” Fonte, 903 So.2d at 1024. After noting one remedial purpose of the FDUTPA was “to provide for the possibility of an attorney's fee award” in Fla. Stat. § 501.2105, the Florida court severed the arbitration clause’s bar on attorney’s fees, while upholding the arbitration clause’s class action waiver. In contrast to Fonte, Florida’s First District Court of Appeal concluded in S.D.S....

...Autos court reasoned, any attorney’s fee award would be similarly small, effectively preventing individuals from bringing expensive cases with low actual damages. Id. at 607-08. This case does not have that concern. The regular attorney’s fees provision of the FDUTPA, Fla. Stat. § 501.2105, applies, which permits recovery of attorney’s fees and costs of any reasonable amount.27 Sprint’s arbitration clause does not bar attorney’s fees but provides that the Plaintiff may recover in arbitration to the extent he could in court. Thus Fonte arguably is more on point for this case. Nonetheless, given the unsettled state of Florida law, we do not decide the 27 Fla. Stat. § 501.2105(1) provides: “In any civil litigation resulting from an act or practice involving a violation of [FDUTPA] ....

...seeking guidance as to the application of Florida’s offer of judgment statute, Fla. Stat. § 768.79, Florida Rule of Civil Procedure 1.442, and the fee-shifting provision of the Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”), Fla. Stat. § 501.2105. First, we ask whether an offer of judgment may be viable when it purports to settle “all claims,” even though it does not explicitly “state whether the proposal includes attorneys’ fees and whether attorneys’ fees are part of the legal claim” as required by Rule 1.442(c)(2)(F)....

...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. Fla. Stat. § 501.2105(1)....

...he FDUTPA’s fee-shifting provision and the offer of judgment statute, and because we have found no Florida cases directly addressing whether the FDUTPA would apply to circumstances like these, we certify the following question: DOES FLA. STAT. § 501.2105 ENTITLE A PREVAILING DEFENDANT TO AN ATTORNEY’S FEE AWARD IN A CASE IN WHICH A PLAINTIFF BRINGS AN UNFAIR TRADE PRACTICES CLAIM UNDER THE FDUTPA, BUT THE DISTRICT COURT DECIDES THAT THE SUBSTANTIVE LAW OF A DIFFERENT STATE GOVERNS T...

...FDUTPA fee-shifting provision extends to the period after which the FDUTPA claim was eliminated, and because we are already certifying the question of whether the FDUTPA applies to this case at all, we certify the following question: IF FLA. STAT. § 501.2105 APPLIES UNDER THE CIRCUMSTANCES DESCRIBED IN THE PREVIOUS QUESTION, DOES IT APPLY ONLY TO THE PERIOD OF LITIGATION UP TO THE POINT THAT THE DISTRICT COURT HELD THAT THE PLAINTIFF COULD NOT PURSUE THE FDUTPA CLAIM BECAUSE FLORIDA LAW D...

...plaint as to Alamo with prejudice. On March 8, 1991, the district court ordered that the case be dismissed with prejudice as to all defendants who had filed dismissal motions. 4 On April 5, 1991, Alamo moved for attorney's fees and costs pursuant to section 501.2105 of the Florida statute....

...Wright, 403 So.2d 391, 394 (Fla.1981) (citation omitted). FDUTPA is a remedial statute designed to protect consumers. See Beacon Prop. Mgmt., Inc. v. PNR, Inc., 890 So.2d 274, 279 (Fla. 4th DCA 2004). One of those remedial purposes is to provide for the possibility of an attorney's fee award. § 501.2105, Fla....

questions before this Court are: DOES FLA. STAT. § 501.2105 ENTITLE A PREVAILING DEFENDANT TO AN ATTORNEY’S

...s that prohibit deceptive business practices, see Fla. Stat. § 501.201 et seq., and misleading advertising, see Fla. Stat. § 817.41. Both statutory causes of action authorize a court to award attorney fees to the prevailing party. See Fla. Stat. § 501.2105; Fla....

...how that amount of fees should be attributed. First, we find no basis for attributing the potential award of attorney fees to Cohen, either individually or as the class representative. The claim for attorney fees in this case is based on two Florida statutes: Fla. Stat. § 501.2105(1), authorizing an award of attorney fees to "the prevailing party" in an action based on deceptive business practices; and Fla....

...e requisite amount in controversy. As for the first factor, the class members in this case could recover their individual attorney fees incurred in separate, individual suits under Florida's consumer protection statutes. See Fla. Stat. § 501.2105(1) (authorizing fee award for "prevailing party"); Fla....

...important compensatory purpose. In BMW of North Amer., Inc. v. Krathen, 510 So.2d 366, 368 (Fla. 4th Dist.Ct.App.1987), the District Court of Appeals for the Fourth District noted that "the obvious purpose of the 'Little FTC Act' [which includes § 501.2105(1) ] is to make consumers whole for losses caused by fraudulent consumer practices [and that] ......

...damaged and repaired constituted a deceptive act under section 501.204. As a consequence of the appellee's alleged deception, the appellants claimed their entitlement to damages pursuant to section 501.211, plus attorney's fees and court costs under section 501.2105....

...coverable to include "an item of goods, a consumer service, or an intangible." § 501.203(1). It further provided that a consumer who prevails in civil litigation brought under the FDUTPA was entitled to receive reasonable attorney's fees and costs. § 501.2105....

...t issue in this case. We also point out that in 1993 the legislature amended some of these provisions. Ch. 93-38, § 1, at 207 (amending § 501.202); § 2, at 207-209 (amending § 501.203); § 3, at 209 (amending § 501.204); § 11, at 212 (amending § 501.2105); § 12, at 212 (amending § 501.211); § 13, at 212 (amending § 501.212), Laws of Fla....

...See generally, Florida Rules of Civil Procedure 1.190(a) and (e) which reflect the liberality with which amendments are to be allowed. STATUTORY ENTITLEMENT As earlier recited, it is not necessary to plead entitlement to statutory attorney fees. Appellants sought fees under the provisions of Section 501.2105, Florida Statutes (1981)....

...onsumer transaction" in Chapter 501, Florida Statutes; therefore, the act is not applicable to the sale of condominium units by the developer." The trial court then carried this ruling forward in its consideration of appellants' claim for fees under Section 501.2105, Florida Statutes (1981) by in effect saying they couldn't be awarded attorney fees under this chapter since he had ruled contrary to appellees' contention that there was a consumer transaction....

...Friedman, 417 So.2d 305 (Fla. 3d DCA 1982). In fairness we call attention to the fact that this opinion was issued after entry of the appealed order. In the Rustic Village case, a successful defendant was denied attorney fees in an action brought, as here, under Section 501.2105, Florida Statutes (1981)....

provides for the recovery of attorneys’ fees. See § 501.2105, Fla. Stat.; Andrews v. AT & T, 95 F.3d 1014

...As to recoverable attorney’s fees, the statute provides that “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. § 501.2105(1). 5 requested their removal, ATTM refused to remove past charges and allowed additional charges to accrue during a waiting period before the Plaintiffs’ cancellation became effective....

...an unfair or deceptive practice. FDUTPA provides that "[i]n any action brought by a person who has suffered a loss as a result of a violation of this part, such person shall recover actual damages, plus attorney's fees and court costs as provided in Section 501.2105." Fla....

...Tragos of Case, Kimpton, Tragos & Burke, P.A., Clearwater Beach, for appellant/cross-appellee. Owen S. Allbritton of Allbritton & Barber, P.A., Clearwater, for appellee/cross-appellant. LEHAN, Judge. Defendant appeals a judgment awarding plaintiff attorney's fees and costs pursuant to section 501.2105, Florida Statutes (1979) (the "Little FTC Act")....

...did not reserve such jurisdiction, and the separate order was not sufficient for that purpose. Plaintiff contends that there was a satisfaction of only the prior judgment and that no reservation of jurisdiction in that judgment was necessary because section 501.2105 grants the trial court the power to award fees and costs after judgment and exhaustion of all appeals in the case. We affirm the judgment awarding attorney's fees. Section 501.2105, in pertinent part, provides: (1) In any civil litigation resulting from a consumer transaction involving a violation of this part .....

...However, we do not believe that the result expressed in Dock prevents the award of attorney's fees in this case. Dock relied upon section 57.041, Florida Statutes, which said that "the party recovering judgment shall recover all his legal costs which shall be included in the judgment." Section 501.2105(4), on the other hand, says that the attorney's fee award "shall become a part of the judgment." The American Heritage Dictionary (1973) defines "be" as "to exist in actuality" and defines "become" as "to be the fate or subsequent condition of." There is no requirement in section 501.2105 that the attorney's fee award be a part of the damages judgment initially. In fact, as noted above, section 501.2105 specifically contemplates a two-step procedure, and there appears to be no reason why the satisfaction of the damages awarded under the initial judgment should destroy the right given by the legislature to obtain an award of attorney's fees under the second step....

...In our view the judgment remained sufficiently viable for the merger of the attorney's fee award into it so as to constitute fulfillment of the statutory procedures. Our foregoing statutory interpretation under the facts of this case seems not only consistent with the wording of section 501.2105 as described above, but follows and does not defeat the clear intent of the legislature to provide attorney's fees to the prevailing party in a suit under that statute....

...9.400(a). Appellant's other point is that only the appellate court could award attorney's fees for time spent on the prior appeal and that the trial court was without jurisdiction to do so. As to the first point, although subsections (2) and (3) of section 501.2105 give the trial court authority to award costs for an appeal, section 501.2105 is silent as to the time for serving a motion for those costs. Rule 9.400(a), specifically establishing the time period within which to serve a motion for costs in the trial court, is not inconsistent with section 501.2105 and therefore controls. However, appellee did not move for, or obtain an award of, costs for the prior appeal. As to the other point, the trial court has authority under subsections (2) and (3) of section 501.2105 to award attorney's fees for an appeal....

...Rule 9.400(b) refers to attorney's fee motions which are filed in the appellate court. The procedure followed by the trial court complied with the statute. Appellee cross-appeals the denial of attorney's fees for time spent in recovering fees and costs in the trial court and on this appeal. We reverse and remand. Section 501.2105 appears literally to encompass the award of fees to the prevailing party for motions and hearings to obtain the attorney's fees specifically authorized in the statute....

...judgment statute was inapplicable to federal diversity cases and that in any event, their only exposure to attorney's fees in the Tralins suit would be, at most, no more than $3,000 under the Florida Deceptive and Unfair Trade Practice Statute Act, section 501.2105, Florida Statutes (1993)....

...Kenneth Heindel, plaintiff below, appeals a final judgment awarding him damages in his civil action against defendants, Southside Chrysler-Plymouth, Inc. (Southside), and its insurer, complaining that the judgment erroneously allowed attorney's fees to appellees under section 501.2105, Florida Statutes (1983)....

...Final judgment was entered December 16, 1983, and Southside filed a motion for rehearing together with a motion to tax attorney's fees and costs. Ray Mixon also moved for an award of attorney's fees. On March 28, 1984, the court entered an order on the authority of section 501.2105 granting $500 attorney's fees to Ray Mixon and $3,000 to Southside and its insurer....

...The fact that Heindel might have put the car to temporary personal use before reselling it did not change the nature and purpose of the transaction into a consumer transaction. The second issue raised by appellant is whether the court erred in awarding attorney's fees under section 501.2105 prior to exhaustion of this appeal. Appellees have conceded error on this point. Section 501.2105 provides that any attorney's fees shall be awarded "after judgment in the trial court and exhaustion of all appeals, if any," so we must vacate the award of fees to both Southside and Ray Mixon as premature. Nolan v. Altman, 449 So.2d 898 (Fla. 1st DCA 1984). The third issue is whether defendants were the "prevailing party" within the meaning of section 501.2105. The pertinent portions of section 501.2105 read as follows: (1) In any civil litigation resulting from a consumer transaction involving a violation of this part, except as provided in subsection (5), the prevailing party, after judgment in the trial court and exhausation of a...

...[Emphasis added.] *269 We begin our analysis with the reminder that awards of attorney's fees are in derogation of the common law, and statutes allowing for such fees shall be strictly construed. B & L Motors, Inc. v. Bignotti, 427 So.2d 1070 (Fla. 2d DCA 1983); Nolan v. Altman, 449 So.2d 898. Section 501.2105 specifically provides that the prevailing party shall receive reasonable attorney's fees "after judgment in the trial court and exhaustion of all appeals." It is manifest, therefore, that to recover attorney's fees a party must obtain a "judgment" from the trial court....

...int were not covered by the provisions of chapter 501. The Third District Court of Appeal held that even though the act was inapplicable because no consumer transaction was involved, the defendant was nevertheless entitled to an attorney's fee under section 501.2105 because it received the judgment....

...establish any affirmative claim for relief. Only the damage judgment pursuant to the jury verdict for Heindel was entered against Southside. Since Southside did not obtain a judgment in its favor, it is not entitled to recover attorney's fees under section 501.2105. This construction of section 501.2105, requiring that a judgment be entered favorable to the party claiming attorney's fees, is supported by the Supreme Court's recent decision in Hendry Tractor Co....

...on two of the three counts alleged. Southside did not recover a judgment because the net judgment was in Heindel's favor. Accordingly, Southside was not entitled to attorney's fees because it was not the "prevailing party" recovering judgment under section 501.2105. [2] Although the statutory language in section 713.29, Florida Statutes (1983), providing for attorney's fees in mechanic's lien cases, is somewhat different from that in section 501.2105, both contemplate the award of fees only to a prevailing party....

...or within the lien law itself. We conclude therefore that the trial judge was correct in not awarding attorneys' fees to either of the parties to this cause. The reasoning of these decisions is likewise supportive of our decision and construction of section 501.2105 in this case....

...In summary, we hold that to recover attorney's fees a party must (1) recover judgment on the chapter 501, part II claim, and (2) recover a net judgment in the entire case. Because neither Heindel nor Southside *271 meets this two-part test, they are not entitled to fees under section 501.2105....

...unts. Because we hold that neither Heindel nor Southside is entitled to recover attorney's fees in this action, this issue is moot as to them. We must discuss this issue, however, because defendant Mixon is entitled to a fee, as discussed hereafter. Section 501.2105(1) provides that "in any civil litigation resulting from a consumer transaction involving a violation of this part" the prevailing party may recover attorney's fees....

...vit of his time spent "on the case" as the basis for the award. Finally, subsection (3) of the statute provides that the trial judge shall award costs and fees for the hours actually spent "on the case." We believe the use of this quoted language in section 501.2105 contemplates recovery of attorney's fees for hours devoted to the entire litigation or civil case and does not require allocation of attorney time between the chapter 501 count and other alternative counts based on the same consumer...

...5th DCA 1980), and LaFerney v. Scott Smith Oldsmobile, Inc., 410 So.2d 534 (Fla. 5th DCA 1982). In Hamilton appellants sued appellees for violating chapter 501 and sought punitive damages. Final judgment was entered for appellees and they were awarded attorney's fees under section 501.2105....

...one count charging a violation of chapter 501. Judgment was entered in favor of plaintiff on the chapter 501 count and the breach of contract count, but the defendant prevailed on the other counts. Plaintiff filed a motion for attorney's fees under section 501.2105; and at the attorney's fees hearing, plaintiff's counsel testified that the five causes of action were so interwoven and intermingled, since they were based on the same facts and transactions, that it was not feasible to separate out the time spent on the chapter 501 count alone....

...Plaintiff's counsel then admitted, however, that he probably spent ten to fifteen percent of his time on matters not dealing with the chapter 501 claim. The trial court determined a total amount of fees for services and awarded only one-fifth of that amount as recoverable under section 501.2105, reasoning that there were originally five counts filed in the case and the chapter 501 count was only one of the five....

...Gardens by the Sea South Condominium Ass'n., 424 So.2d 181 (Fla. 4th DCA 1983). [2] Obviously, though Heindel is the prevailing party obtaining judgment, he failed to establish the chapter 501 claim and, thus, is not entitled to recover attorney's fees under section 501.2105: Darrell Swanson Consolidated Services v....

...of Aslanian & Aslanian, Fort Lauderdale, for appellee. GROSS, J. The Humane Society of Broward County, Inc. ("Broward Humane") appeals the circuit court's award of prevailing party attorney's fees to The Florida Humane Society ("Florida Humane"), under section 501.2105(1), Florida Statutes (2006), Florida's Deceptive and Unfair Trade Practices Act (FDUTPA)....

...Broward Humane sought to enjoin Florida Humane from using the term "humane society" in Broward County. After a bench trial, the circuit court entered a final judgment in favor of Florida Humane on all claims. Florida Humane timely filed a motion to tax costs and attorney's fees under section 501.2105, Florida Statutes (2003)....

...for costs and $3,750 for expert witness fees, resulting in a total judgment for $100,356. Broward Humane appealed the award and Florida Humane cross-appealed the amount of the award. An award of attorney's fees to the prevailing party under sections 501.2105(1)-(4) of FDUTPA is discretionary with the trial court....

...Section 542.22(1) contains explicit legislative direction as to when a prevailing defendant is to be awarded attorney's fees—"when the court finds there was a complete absence of a justiciable issue of either law or fact raised by the plaintiff." Id. Section 501.2105(1) contains no comparable language limiting a fee award to a prevailing defendant. *969 We note that another portion of FDUTPA, section 501.2105(5), limits an award of attorney's fees against the enforcing authority to situations where the court finds that there "was a complete absence of a justiciable issue of law or fact raised by the losing party or if the court finds bad faith on the part of the losing party." Where the legislature intended to impose a stricter standard on the award of attorney's fees under FDUTPA, it did so. The plain meaning of section 501.2105(1) admits of only one interpretation, that the legislature gave trial courts the discretion to award prevailing party attorney fees to both plaintiffs and defendants under the same standards. See Gen. Motors Acceptance Corp., 791 So.2d at 520 n. 3 (recognizing that section 501.2105 placed an award of fees and costs, for both prevailing plaintiffs and prevailing defendants, within the discretion of the trial court). No Florida court has directly addressed the question of whether different standards should apply to a prevailing plaintiff as opposed to a prevailing defendant under section 501.2105(1) of FDUTPA....

...ded to apply "only to the prevailing party plaintiff." Id. at 520. Hal Laesser did not address whether a court should apply different standards in evaluating an award of attorney's fees to a prevailing plaintiff as opposed to a prevailing defendant. Section 501.2105(1), Florida Statutes (2003), reads: (1) In any civil litigation resulting from an act or practice involving a violation of this part, except as provided in subsection (5), the prevailing party, after judgment in the trial court and e...

...but would entitle a prevailing defendant to fees only if the plaintiff's "statutory claim is frivolous or groundless." Broward Humane relies on Christiansburg to support its argument that Florida courts should curtail awards of fees and costs under section 501.2105(1) to prevailing defendants similar to the federal rule for Title VII cases....

...f's actions were "frivolous, unreasonable, or without foundation" would accomplish both of these goals. Id. at 421, 98 S.Ct. 694. We reject the invitation to read Christiansburg into the statute. Florida law requires us to apply the plain meaning of section 501.2105(1)....

...Feingold, 632 So.2d 198 (Fla. 3d DCA 1994); Smith v. Bilgin, 534 So.2d 852, 852 (Fla. 1st DCA 1988); Rustic Village, Inc. v. Friedman, 417 So.2d 305, 306 (Fla. 3d DCA 1982); see also Gen. Motors Acceptance Corp., 791 So.2d at 517. The 1994 amendment to section 501.2105 placed an award of prevailing party attorney's fees within the discretion of the trial court. See Hubbel v. Aetna Cas. & Sur. Co., 758 So.2d 94, 101 (Fla.2000) (Lewis, J., concurring in part and dissenting in part) (citing Ch. 94-298, § 501.2105, Fla....

...tute and placed the award of fees in the trial court's discretion. [2] The plain language of the statute does not suggest that the Legislature intended to treat prevailing defendants differently than prevailing plaintiffs. To apply Christiansburg to section 501.2105(1), as Broward Humane urges, would be to rewrite the statute....

...Nichols, P.A., Orlando, for appellant. Jeffrey C. Fulford of Adams & Hill, Orlando, for appellee. SHARP, Judge. Based on the record before this court, we think the trial court abused its discretion in failing to award a reasonable attorney fee pursuant to section 501.2105, Florida Statutes (1979), for the service rendered by counsel to J.L....

...After a non-jury trial, the court found in appellant's favor on the deceptive trade practice and common law breach of contract counts, and for appellee on the fraud count because appellant failed to prove intent to deceive on the part of appellee when the contract was entered into. Pursuant to section 501.2105, counsel for appellant filed an affidavit showing his law firm had expended 107.1 hours [2] on the case....

...iability" issue under section 627.428, and reversed and remanded the award for failure to make that allocation. Similarly in Hamilton v. Palm Chevrolet-Oldsmobile, Inc., 388 So.2d 638 (Fla.2d DCA 1980), the court reversed an attorney fee award under section 501.2105 because it included time spent on a punitive damage *536 claim, which is outside the scope of Chapter 501....

...With respect to the recovery of damages, FDUTPA provides that "[i]n any action brought by a person who has suffered a loss as a result of a violation of this part, such person shall recover actual damages, plus attorney's fees and court costs as provided in Section 501.2105." Fla....

...Additionally, we affirm the separate order awarding Sunrise attorney's fees under the Florida Deceptive and Unfair Trade Practices Act, §§ 501.201-.213, Fla. Stat. In so doing, we reject Caplan's contention that Sunrise — the dealer — cannot be a prevailing party as required by Section 501.2105, Florida Statutes, [1] because Caplan recovered a judgment on his claim against the co-defendant — the manufacturer....

...and the order awarding it attorney's fees are affirmed. The case is, however, remanded to the trial court to reconsider the amount of the award of attorney's fees in light of the principles discussed in this opinion. Affirmed in part; remanded to the trial court with directions. NOTES [1] Section 501.2105, Florida Statutes (1983), provides in pertinent part: "(1) In any civil litigation resulting from a consumer transaction involving a violation of this part, ......

...was fraudulently induced. The decision implied that if there was no fraud, then the FDUTPA claim was arbitrable. In Clark, the court discussed the decision in Cuevas v. Potamkin Dodge, 455 So.2d 398 (Fla. 3d DCA 1984), in which the court interpreted section 501.2105(1)-(3), Florida Statutes (1981), of the FDUPTA which provided: In any civil litigation ......

...although not necessarily to the same degree, and both should be evaluated interdependently rather than as independent elements. E. Attorney’s Fees The buyers have moved for an award of reasonable attorney’s fees in accordance with section 501.2105(1) of the FDUTPA....

...o the buyers, if they prevail in this action. In this case, the buyers have timely filed a motion pursuant to Florida Rule of Appellate Procedure 9.400(b), and they assert FDUTPA as one statutory basis for an award of attorney’s fees. See § 501.2105(1), Fla....

...- 28 - and exhaustion of all appeals, if any, may receive his or her reasonable attorney’s fees and costs from the nonprevailing party.”). We disagree with the buyers, in part, and determine that section 501.2105 of the FDUTPA, is not a valid statutory basis for an award for reasonable appellate attorney’s fees in this case....

...PEARSON, Tillman The defendant in an action brought pursuant to the Florida Deceptive and Unfair Trade Practices Act, Section 501.201, et seq., Florida Statutes (1979), appeals an order of the trial court denying a motion for attorney's fees pursuant to Section 501.2105 [1] of the Act....

...Upon the defendant's motion, the trial *306 judge entered a judgment on the pleadings because the transactions described in the complaint were not covered by the provisions of the Act. Thereafter, the defendant moved for an attorney's fee pursuant to Section 501.2105....

...The plaintiff, having invoked the Act, is liable for an attorney's fee because he did not prevail. Cf. Falovitch v. Gunn and Gunn Construction Company, 348 So.2d 560 (Fla. 3d DCA 1977). Reversed and remanded with directions to grant the defendant the fee provided by statute. NOTES [1] 501.2105 Attorney's fees....

...tatutes (1985). Accordingly, the trial court erred in awarding treble damages for theft and in reserving jurisdiction to award attorney's fees. Nor do we find the pleadings and evidence sufficient to sustain a judgment for attorney's fees based upon section 501.2105, Florida Statutes (The Florida Deceptive and Unfair Trade Practices Act)....

...That claim was not made in the trial court or before the district court of appeal. The statements of claims in these cases specifically alleged fraud and intentional misrepresentation and deceptive and unfair trade practices against the motor vehicle dealers under FDUTPA. Section 501.2105, Florida Statutes (1997), a part of FDUTPA, provides for attorney's fees for the prevailing party in such an action....

...that there was no basis for recovery of the attorney's fees portion of the judgment from Aetna under the surety bond. The circuit court, in its appellate capacity, held that the attorney's fees element of loss as provided to a prevailing party under section 501.2105, Florida Statutes (1999), which is part of the FDUTPA, was incorporated into section 320.27(10), the statute requiring motor vehicle dealers to annually post a surety bond, and, therefore, Hubbel was entitled to recover attorney's fees from the surety, Aetna....

...he circuit court's appellate decision. See Aetna Cas. & Sur. Co. v. Herbert, 706 So.2d 417, 417 (Fla. 5th DCA 1998). It is under these circumstances that the present cases come before this Court for resolution. II. ANALYSIS OF SECTION 320.27(10) AND SECTION 501.2105 A....

...), and the bonds are substantively identical to each other. There is no substantive difference between the terms of this statutory bonding provision and those of section 320.77(11), which were considered, analyzed, and applied by the Marshall court. Section 501.2105(1), Florida Statutes, provides that the prevailing party in civil litigation resulting from a violation of the FDUTPA may recover reasonable attorney's fees and costs as elements of loss from the nonprevailing party in such litigation. Section 501.2105(4), Florida Statutes, provides, "Any award of attorney's fees or costs shall become part of the judgment and subject to execution as the law allows." Based on the plain language of sections 320.27(10) and 501.2105, several matters are clear....

...es. Second, if the motor vehicle dealer violates a written contract or a statutory provision of chapters 319 or 320, the bond or letter of credit issued pursuant to section 320.27(10) shall cover "any loss" resulting therefrom. Finally, according to section 501.2105, the prevailing party on a claim under the FDUTPA may recover reasonable attorney's fees and costs as *101 elements of loss from the nonprevailing party....

...e and the Herberts' case would not be contrary to these well-settled principles of law. The motor vehicle dealers in question here are responsible to Hubbel and the Herberts for payment of attorney's fees and costs under the judgments as provided in section 501.2105, and holding Aetna coextensively responsible for those fees and costs would not violate the terms of the surety bonds or statute because, under the bonds, Aetna is responsible for "any loss" resulting from the dealers' violations of the conditions enumerated in section 320.27(10)....

...[10] Prior to 1994, the prevailing party in civil litigation brought under the FDUTPA was mandatorily entitled to recover reasonable attorney's fees and costs from the nonprevailing party. See § 510.2105, Florida Statutes (1993). The Legislature amended section 501.2105 in 1994 to place an award of such fees and costs within the discretion of the trial court. See Ch. 94-298, § 4, at 2064, Laws of Fla.; see also § 501.2105, Fla....

...This statutory change, however, should not alter the result in situations such as those in the present cases, where the trial court actually awards attorney's fees and costs. In such situations, the attorney's fees and costs become part of the judgment recoverable by the prevailing party, and are subject to execution. See § 501.2105(4), Fla....

...Accordingly, the Court awards $2,607,109 in prejudgment interest to Inmuno Vital. VI. ATTORNEYS' FEES AND COSTS As the prevailing party, Inmuno is entitled to an award of attorneys' fees under Florida's Deceptive and Unfair Trade Practices Act, Florida Statutes § 501.2105 and under the Lanham Act, the latter of which provides for such an award in "exceptional cases." 15 U.S.C....

...Plaintiff states in response that it merely wants the discretionary treble damages provided in the statutes. This being the case, the word "punitive" will be stricken from the Complaint. IV. Motion for Attorney's Fees Defendants seek attorney's fees pursuant to § 501.2105(1) of UDTPA, which provides for the award of attorney's fees and costs to the "prevailing party, after judgment in the trial court and exhaustion of all appeals." [1] Before attorney's fees may be awarded, judgment must be final and all appeals must be exhausted. Fla. Stat. § 501.2105(1); Heindel v....

..., ADJUDGED, and DECREED that Defendants' Motion for Attorney's Fees be, and the same is hereby, DENIED without prejudice. NOTES [1] A defendant who prevails in a motion to dismiss based on lack of standing is a "prevailing party" for the purposes of § 501.2105....

...ation, be taxed by the arbitrator or arbitrators with all of the costs, including reasonable attorney[']s fees, of any other party who had to resort to judicial or other relief in compelling arbitration in accordance with the terms herein contained. Section 501.2105 provides for prevailing party attorney's fees for FDUTPA violations, sections 520.12 and 520.13 provide a nonwaivable right to attorney's fees for willful MVRSFA violations, and 15 U.S.C....

...But, this was not a frivolous defense asserted by United. In order to be entitled to attorney's fees, a party seeking them must plead the correct entitlement. Stockman v. Downs, 573 So.2d 835 (Fla. 1991). The trial court actually awarded attorney's fees pursuant to section 501.2105....

...*1019 Appellant's arbitration claim alleged three counts: fraud and deceit (count I); Deceptive and Unfair Trade Practices (count II); and violation of the Motor Vehicles Sales Finance Act (count III). Count II sought damages and attorney's fees under section 501.2105, Florida Statutes and Count III sought statutory damages and attorney's fees under section 520.12, Florida Statutes. Appellee initially filed a Motion to Strike Claimant's Claim for Attorney's Fees claiming that appellant was barred from seeking statutory attorney's fees under section 501.2105, since her recovery, if any, would be achieved through arbitration rather than after judgment in a trial court following litigation as contemplated by the language in statute....

...ced by appellant in the amount of $2,213.75. Appellant filed a Motion to Modify/Correct Award and Motion for Confirmation of Award arguing that the Arbitrator was without authority to deny her claim for attorney's fees available pursuant to statutes 501.2105 and 520.12....

...Blair, appellee in this case argues that appellant, by her actions, agreed to submit the issue of entitlement to fees to the arbitrator. Here, appellant moved for attorney's fees in her arbitration claim pursuant to the Florida Deceptive and Unfair Trade Practices Act, section 501.2105(1) [1] and the Motor Vehicle Sales Finance Act, section 520.12(2) [2] , claiming that under a prevailing party statute, she was entitled to an award of fees....

...We accordingly reverse and vacate the trial court's confirmation of the arbitrator's denial of fees and direct the trial court to conduct further proceedings to determine appellant's entitlement to attorney's fees. REVERSED AND REMANDED. GUNTHER, and TAYLOR, JJ., concur. NOTES [1] Section 501.2105(1), Florida Statutes (1997) provides that "[i]n any civil litigation resulting from an act or practice involving a violation of this part, ..., the prevailing party, after judgment in the trial court and exhaustion of all appeals, if...

...iolating, or is otherwise likely to violate this part. (2) In any action brought by a person who has suffered a loss as a result of a violation of this part, such person may recover actual damages, plus attorney's fees and court costs as provided in s. 501.2105. However, damages, fees, or costs are not recoverable under this section against a retailer who has, in good faith, engaged in the dissemination of claims of a manufacturer or wholesaler without actual knowledge that it violated this part. *941 Section 501.2105 entitled "Attorney's Fees," provides in pertinent part: (1) In any civil litigation resulting from an act or practice involving a violation of this part, except as provided in subsection (5), the prevailing party, after judgment in t...

...ator or arbitrators with all of the costs, including reasonable attorney [']s fees, of any other party who had to resort to judicial or other relief in compelling arbitration in accordance with the terms here contained. The court then explained that section 501.2105 provides for prevailing party attorney's fees for FDUTPA violations....

...tainly be negated by having to pay the defendants' legal fees. The defendant argues that paragraph 11 does not preclude a prevailing party's recovery of attorney's fees under the FDUTPA. However, it frustrates the purpose behind sections 501.211 and 501.2105 by obligating the purchaser to pay the dealer's attorney's fees in the event of a suit by the purchaser without conditioning such obligation on the dealer being the prevailing party....

...ither law or fact in Plaintiffs' case. Accordingly, Defendants' motions for entitlement to attorneys' fees pursuant to the Florida Antitrust Act are denied. 2. Attorneys' Fees and Costs Under the Florida Deceptive and Unfair Practices Act FLA. STAT. § 501.2105 provides for the discretionary award of attorneys' fees and costs to the party prevailing on a claim under the Florida Deceptive and Unfair Trade Practices Act. [13] FLA. STAT. § 501.2105 states in relevant part: (1) In any civil litigation resulting from an act or practice involving a violation of this part ....

...363, p. 37). Defendants largely relied on the outcome of their antitrust arguments in defending against the Florida Deceptive and Unfair *1292 Trade Practices Act claim. Granting Defendants' motion for attorneys' fees and costs pursuant to FLA. STAT. § 501.2105 would be tantamount to awarding them attorneys' fees under the Sherman Act [14] , or the Florida Antitrust Act, which they are not entitled to....

...[13] The Court notes that prior to 1994, the prevailing party in civil litigation brought under the Florida Deceptive and Unfair Practices Act was mandatorily entitled to recover reasonable attorneys' fees and costs from the nonprevailing party. The Legislature amended § 501.2105 in 1994 to place an award of such fees and costs within the discretion of the trial court....

...Soraya Ghodrati, plaintiff below, appeals from a final judgment awarding her compensatory damages in her action against defendant, Miami Paneling Corp., but denying her punitive damages and awarding attorney's fees to defendant as the prevailing party under section 501.2105, Florida Statutes (1997)....

...rial court. With regard to point two of this appeal, we agree with the plaintiff that the trial court erred in finding the defendant to be the prevailing party entitled to attorney's fees and costs under the Deceptive and Unfair Trade Practices Act. Section 501.2105, Florida Statutes (1997), provides, in pertinent part: "(1) In any civil litigation resulting from an act or practice involving a violation of this part ..., the prevailing party, after judgment in the trial court and exhaustion of a...

...require entry of a favorable judgment before attorney's fees may be awarded. For the foregoing reasons, we affirm the order denying punitive damages, reverse the order declaring defendant to be the prevailing party entitled to attorney's fees under section 501.2105, Florida Statutes (1997), and remand for proceedings consistent with this opinion.

...overned by the FAA." The Brumos 2 agreement provides that "[t]his Lease evidences a transaction involving interstate commerce" and that "[a]ny arbitration under this Lease shall be governed by the Federal Arbitration Act (9 U.S.C. 1, et seq.)." [11] Section 501.2105, Florida Statutes (2005), provides, in relevant part, that "[i]n any civil litigation resulting from an act or practice involving a violation of this part, . . . the prevailing party . . . may receive his or her reasonable attorney's fees and costs from the nonprevailing party." § 501.2105(1), Fla....

...The evidence of damage suffered by Davis was insufficient to support the award; and 3. The trial court erred in applying Chapter 501, Part II, Florida Statutes (1981) (the "Florida Deceptive and Unfair Trade Practices Act") to the facts in this case and awarding attorney's fees to Davis under Section 501.2105 thereof....

...Swanson's second point is likewise without merit. There was evidence before the trial court sufficient to support the amount of damages awarded. Swanson's third point is well taken. The trial court erred in awarding attorney's fees to Davis under Chapter 501, Part II. The pertinent portion of Section 501.2105(1) provides: In any civil litigation resulting from a consumer transaction involving a violation of this part ... the prevailing party, after judgment in the trial court and exhaustion of all appeals, if any, shall receive his reasonable attorney's fees and costs from the nonprevailing party. Section 501.2105 applies only if a "consumer transaction" is the basis of the claim for damages....

...There was substantial competent evidence of breach of warranties to support the jury's award of compensatory damages and sufficient evidence of fraud to sustain the award of punitive damages. *1238 Franklin received an award of $2,500 as attorney's fees for the services of her attorneys at trial under section 501.2105, Florida Statutes (1979), which provides for attorney's fees for the prevailing party "[i]n any civil litigation resulting from a consumer transaction involving a violation of [the Florida Deceptive and Unfair Trade Practices Act]... ." We also grant her motion for a reasonable fee for her counsel's services on this appeal under section 501.2105....

...ghted advertising flyer in violation of, among other laws, the Florida Deceptive and Unfair Trade Practices Act (DTPA). 1 See Fla.Stat. § 501.201 et seq. The district court agreed with MGB and awarded it attorney’s fees under the DTPA. See id. at § 501.2105....

...On appeal, however, this court reversed the holding of the district court that Ameron was liable to MGB under the DTPA, reasoning that the DTPA does not apply to suits between competitors. M.G.B. Homes, Inc. v. Ameron Homes, Inc., 903 F.2d 1486, 1494 (11th Cir.1990); Fla.Stat. § 501.2105....

...n the action plus a reasonable legal *115 fee for the hours actually spent on the case as sworn to in an affidavit. (4) Any award of attorney’s fees or costs shall become a part of the judgment and subject to execution as the law allows. Fla.Stat. § 501.2105....

...Rustic Village, Brown, and Smith are clear pronouncements of Florida law that we are bound to follow, all of which support the holding of the district court. MGB also argues that the district court should not have awarded Ameron attorney’s fees because there was no final judgment as required by Section 501.2105(1). That contention is without merit. Section 501.2105(1) allows the recovery of attorney’s fees by the prevailing party, “after judgment in the trial court and exhaustion of all appeals,” and here the district court initially rendered judgment against Ameron based in part on Section 501.2105, and this court subsequently reversed because “the trial court erred in applying the Florida Deceptive Trade Practices Act, Fla.Stat. § 501.201, et seq. (1973).” M.G.B. Homes, 903 F.2d at 1494 . Section 501.2105(1), which expressly includes the culmination of the appellate process in its definition of a prevailing party, clearly contemplates situations in which parties who prevailed at the trial level may be nonprevailing after the appellate process is exhausted....

...st as requested pursuant to the Copyright Act, 17 U.S.C. § 505 . Under the DTPA, only the trial court has the authority to determine the entitlement to and the amount of attorney’s fees and costs for both the trial and appellate levels. Fla.Stat. § 501.2105(2) & (3); B & L Motors, Inc. v. Bignotti, 427 So.2d 1070, 1073 (Fla.Dist.Ct.App.1983) (“[T]he trial court has authority under subsections (2) and (3) of section 501.2105 to award attorney’s fees for an appeal....

...The jury returned a verdict for appellees. The trial court entered final judgment for appellees and awarded them $5,500 in attorney's fees. Appellants now contend that the court improperly included services of appellees' attorneys in defending appellants' claim of punitive damages. Under Section 501.2105 of the Act, appellees, as prevailing parties, were entitled to have the court assess fees in their favor....

...itigation ... the prevailing party, after judgment in the trial court and exhaustion of all appeals, if any, shall receive his reasonable attorney's fees and costs... . [The award shall be made by] the trial judge who presided over the civil case. " § 501.2105(1)-(3), Fla....

...ecifically, Judge Vinson found that "some of the statements, evaluated separately, might be explained as innocent mistakes." (Doc. 191:15). I agree. Therefore, I find it improper to award AAHF attorneys' fees under § 57.105. 2. FDUTPA, Fla. Stat. §§ 501.2105 & 501.211 AAHF also requests attorneys' fees and expenses under FDUTPA, Fla. Stat. §§ 501.2105 & 501.211. Section 501.2105 states, in relevant part, that In any civil litigation resulting from an act or 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. Fla. Stat. § 501.2105(1). Section 501.211 states, in relevant part, that In any action brought by a person who has suffered a loss as a result of a violation of this part, such person may recover actual damages, plus attorney's fees and court costs as provided in s. 501.2105....

...ges in order to obtain an award of attorney's fees and costs. AAHF submits that such awards are permitted solely on the basis that Defendant violated FDUPA. The plain language of FDUTPA's provisions for attorney's fees and costs is ambiguous. While .§ 501.2105 permits a "prevailing party" to recover attorney's fees and costs, § 501.211(2) arguably requires a plaintiff to have "suffered a loss" before entitling it to actual damages, attorney's fees, and costs....

...If a plaintiff is not required to have suffered a loss before entitling it to attorney's fees and costs under FDUTPA, the second question is whether a plaintiff like AAHF, which is awarded only nominal damages, even qualifies as a "prevailing party" under § 501.2105. Finally, assuming that AAHF does qualify as a prevailing party under § 501.2105, is it still proper to award AAHF attorneys' fees and costs under FDUTPA's permissive and discretionary language? a....

...minal damages, attorney's fees, or costs. [7] c. "Prevailing Party" Even assuming that FDUTPA does not demand a showing of loss before attorney's fees and expenses may be awarded, FDUTPA does require that a Plaintiff be *1271 the "prevailing party." § 501.2105(1)....

...Plaintiff cites two authorities in support of its contention that it has prevailed in this litigation. See Airflo A/C Heating, Inc. v. Pagan, 929 So.2d 739, 742 (Fla. 2d DCA 2006) (although Airflo failed to prove its damages, Airflo was the "prevailing party" and entitled to recover its attorneys' fees under section 501.2105(1) "because it filed a valid complaint for injunctive relief pursuant to the [Florida Deceptive and Unfair Trade Practices Act], which was granted"); In re Samuels, 176 B.R....

...atically entitle the Defendant to attorney's fees and costs. According to the plain language of the statute, the decision to award attorney's fees and costs is discretionary.") The words "may receive" and "may recover" attorney's fees and costs in §§ 501.2105(1) and 501.211(2) are indicative of such discretion. The discretionary nature of the statute is particularly apparent because the mandatory term "shall" is incorporated in the subsections immediately following § 501.2105(1). See § 501.2105(2) ("shall submit"); § 501.2105(4) ("shall become"); see also Canup v....

...onstrued; AAHF's burden to prove entitlement to attorney's fees and expenses; the permissive nature of FDUTPA's fee-shifting provisions; and the merits of AAHF's case, I find that AAHF is not entitled to an award of attorney's fees and costs under §§ 501.2105(1) and 501.211(2)....

...law defamation claim. [8] The Airflo court stated that Because Airflow filed a valid complaint for injunctive relief pursuant to the Act, which was granted, Airflow is the prevailing party and, accordingly, is entitled to attorney's fees pursuant to section 501.2105(1)....

...purchase to a lease. [1] On GMAC's appeal, this court reversed. See Gen. Motors Acceptance Corp. v. Laesser, 718 So.2d 276 (Fla. 4th DCA 1998). On September 9, 1998, this court also ordered that GMAC was entitled to an award of appellate fees under section 501.2105....

...Lantana Boatyard, 402 So.2d 507, 511 (Fla. 4th DCA 1981). Such evidence exists. We simply cannot reject the trial court's findings of fact and substitute our own judgment on these issues and, therefore, must affirm. Laesser suggests, however, that section 501.2105 was intended to provide for an award of attorney's fees only to the prevailing party plaintiff....

...NOTES [1] Ronald Laesser secured a $30,000 judgment against the dealer as well. The dealer never appealed. [2] It also awarded General Motors Acceptance Corporation $8,046.40 in appellate costs. [3] After Laesser's cause of action arose, the legislature amended section 501.2105 to place an award of such fees and costs within the discretion of the trial court....

the prevailing party to recover its fees, see § 501.2105, Fla. Stat. (2012), there is no conflict, let

...Wiitala of McManus, Wiitala & Contole, P.A., North Palm Beach, and Raymond G. Ingalsbe of Raymond G. Ingalsbe, P.A., Palm Beach Gardens, for appellees. PER CURIAM. This is an appeal from a final judgment awarding attorney's fees to Raymond G. Ingalsbe, P.A., the attorney for appellees, [1] pursuant to section 501.2105, Florida Statutes (1989)....

...Judgment was entered for appellees on the counts for deceptive and unfair trade practices and for violation of the Florida Motor Vehicle Sales Finance Act in the total amount of $9,210.16. Thereafter, appellees moved for the assessment of prevailing party attorney's fees pursuant to sections 501.2105 and 520.12(2)....

...It is appellant's contention that this case is not appropriate for application of the contingency risk multiplier provided in Florida Patient's Compensation Fund v. Rowe, 472 So.2d 1145 (Fla. 1985). We agree because the primary statute relied upon herein for recovery of attorney's fees is section 501.2105, Florida Statutes (1989) which provides a reasonable attorney fee for the prevailing party "for the hours actually spent on the case." Under these circumstances the Rowe contingency risk multiplier is inappropriate....

...[2] Accordingly, we reverse the judgment appealed from and remand the cause for a new determination of the amount of attorney's fees to be awarded appellees consistent with this opinion. GUNTHER and WARNER, JJ., and DOWNEY, JAMES C., Senior Judge, concur. NOTES [1] Section 501.2105, Florida Statutes (1989) provides for an award of attorney's fees for the prevailing party....

...plead the basis for the award. In United Pacific Ins. Co. v. Berryhill, 620 So.2d 1077 (Fla. 5th DCA 1993), an attorney's fee award was reversed because the party to whom the award was made failed to plead the statute under which the award was made (section 501.2105), and further, this court found that statute was not applicable to the transaction in the case....

...This amount will properly be added in if the debt for attorney's fees is both noncontingent and liquidated. Since summary judgment was granted to AAHF by the district court as to liability, AAHF's entitlement to attorney's fees is established under Florida Statute § 501.2105....

...tax code, it was liquidated. Verdunn at 802. Accordingly, a debt may still be considered liquidated if it is dependent on a future exercise of discretion, as long as such an exercise of discretion is restricted by specific criteria. Florida Statute Section 501.2105, part of the Florida Unfair and Deceptive Trade Practices Act, provides that the prevailing party in a lawsuit under this Act may "receive his or her reasonable attorney's fees and costs from the nonprevailing party," Fla. Stat. § 501.2105(1) (emphasis added). The statute further provides the method under which the prevailing party obtains such fees, which requires the attorney involved to submit a sworn affidavit of his time and costs. Fla. Stat. § 501.2105 (2, 3, & 4)....

...ny showing that all the procedural requirements ( i.e. service of motion 21 days prior to filing, or even the filing of a motion at all) have been met. Although AAHF may not be entitled to fees under § 57.105, it is certainly entitled to them under § 501.2105....

...WARNER, J., and FISHMAN, JANE D., Associate Judge, concur. NOTES [1] See Ch. 687, Fla. Stat. (2001) (prohibiting usurious contracts). [2] Ch. 516, Fla. Stat. (2001). This statute is not at issue here. [3] Ch. 501, pt. II, Fla. Stat. (2001) (prohibiting deceptive and unfair trade practices). See also § 501.2105(1) (providing that, "[i]n any civil litigation resulting from an act or 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"); § 501.2105(3) ("The trial judge may award the prevailing party the sum of reasonable costs incurred in the action plus a reasonable legal fee for the hours actually spent on the case....

...In early 1983, the Nolans obtained new counsel who moved to amend the thrice-amended complaint. Upon denial of the motion, the Nolans filed a notice of voluntary dismissal of the entire cause and immediately instituted a new case based on the same claims. Altman then sought attorney's fees pursuant to section 501.2105, Florida Statutes [1] and costs, on the theory *900 that it was the prevailing party in the original action....

...At issue in Wiggins was section 61.16, Florida Statutes, which provides that a court may award "a reasonable amount for attorney's fees, suit money, and the cost to the other party of maintaining or defending" proceedings relating to dissolution of marriage. At issue here is section 501.2105, which similarly provides for the recovery of "reasonable attorney's fees and costs." Applying Wiggins, we conclude that the trial court had jurisdiction to consider Altman's motion for attorney's fees after the underlying action was voluntarily dismissed by the Nolans. We find, however, that despite the court's proper retention of jurisdiction to consider such issue, it erred in finding Altman to be the prevailing party for purposes of recovering attorney's fees pursuant to section 501.2105, allowing the prevailing party the right to recover attorney's fees in an action brought under Florida's Deceptive and Unfair Trade Practices Act, sections 501.201-501.213, Florida Statutes, only "after judgment in the trial court an...

...for the recovery of attorney's fees, this section is in derogation of common law and must be strictly construed. Whitten v. Progressive Casualty Insurance Company, 410 So.2d 501, 505 (Fla. 1982). Unlike most statutory provisions for attorney's fees, section 501.2105 "clearly contemplates a two-step procedure under which judgment is first entered on liability, and then, after any appeals, attorney's fees are awarded." B & L Motors, Inc....

...vailing parties" for purposes of awarding attorney's fees, notwithstanding that the action had not yet been resolved on its merits. [2] *901 We do not, however, consider that these factually distinguishable cases control over the case at bar in that section 501.2105 clearly and unambiguously precludes an award of attorney's fees until after a judgment has been entered by the trial court and the appellate process, if any, has run its course. An award of fees in a case such as this case in which no judgment had been entered was erroneous and requires reversal. REVERSED and REMANDED for further consistent proceedings. BOOTH and ZEHMER, JJ., concur. NOTES [1] Section 501.2105 provides, in part: (1) In any civil litigation resulting from a consumer transaction involving a violation of this part, except as provided in subsection (5), the prevailing party, after judgment in the trial court and exhaustion of...

...ent in the trial court and exhaustion of all appeals." Altman also cites Rustic Village, Inc. v. Friedman, 417 So.2d 305 (Fla. 3d DCA 1982), in which the district court concluded that the trial court erred in not granting attorney's fees pursuant to section 501.2105....

...d unfair trade practices, in violation of section 501.201, Florida Statutes (2003), and fraud in the inducement. Alleging the commission of conduct more odious than a breach of contract, this pleading increased the financial risk for both sides. [1] Section 501.2105(1), Florida *314 Statutes (2003) provides for prevailing party attorney's fees: In any civil litigation resulting from an act or practice involving a violation of this part ....

...On the counterclaim against the Mandels, the jury awarded $49,852.32 to the Martins and $4,151,83 to Decorator's Mart. The final judgment found that the Martins and Decorator's Mart were the prevailing parties for attorney's fees purposes. After a hearing, the court awarded $170,609.30 for attorney's fees under section 501.2105(1), reducing the amount by 5% for time spent on a replevin claim separate and apart from the other claims....

...on 501.201 claim. The Mandels attack the attorney's fee award on multiple grounds. First, they argue that the court erred in ruling that the multiple claims in the lawsuit were not separate and distinct for the purpose of calculating the award under section 501.2105(1). The language of section 501.2105 takes a broad view of compensable attorney time on a case involving a claim of a deceptive or unfair trade practice. Section 501.2105(2) requires that the prevailing party's attorney submit an affidavit of "time spent on the case." Similarly, section 501.2105(3) allows a trial judge to award a "legal fee" for hours "actually spent on the case." This statutory language contemplates recovery of attorney's fees for hours devoted to the entire litigation ....

...ng party on each claim." 842 So.2d at 880. Fielder has nothing to do with the question here—whether attorney time is compensable spent on a claim related to a Chapter 501 claim. Time spent on an intertwined contract claim could be recoverable under section 501.2105 even though the party seeking Chapter 501 fees was not the prevailing party on a related contract count....

...01 claim. There is no basis, statutory or otherwise, to so limit the recovery. If legal work done early in a case pertains to a subsequently filed Chapter 501 claim, that work is compensable to the prevailing party as "hours spent on the case" under section 501.2105(3)....

...f the statute. Under no other section would a non-prevailing party, be it the government or a private consumer, be liable for attorney's fees. It is doubtful that the Legislature intended this inconsistency. I would affirm the trial court. NOTES [1] § 501.2105(1) Florida Statutes (1979); § 713.29 Florida Statutes (1979); § 718.303(1) Florida Statutes (1979)....

Count V, its FDUTPA claim, in accordance with section 501.2105. The trial court reserved jurisdiction to

...718.125 as it relates to contract or lease between a condominium unit owner or association and a developer; F.S. 713.29 provides any action brought to enforce a lien, the prevailing party shall be entitled to recover a reasonable fee for the services of his attorney, and F.S. 501.2105 provides in any civil litigation resulting from a consumer transaction involving a violation of the chapter, the prevailing party shall receive his reasonable attorney's fees from the non prevailing party....

...District Court of Appeal of Florida, First District. December 5, 1988. E.T. Fernandez, III, Jacksonville, for appellant. Gary A. Benson, Jacksonville, for appellee. WENTWORTH, Judge. This is an appeal from an order denying a motion for attorney's fees under section 501.2105, Florida Statutes....

...The trial court entered a final judgment for appellant, reserving jurisdiction to hear motions regarding costs and attorney's fees to be filed on behalf of the defendant. Appellant filed a motion to tax costs, and a motion for attorney's fees based on appellant's status as the prevailing party and section 501.2105, providing for an award of fees to a prevailing party....

...This court found Chapter 501 inapplicable to the cause of action because appellee had been engaged in the trucking business, and the cause of action did not arise out of a consumer transaction. The court therefore set aside the portion of the judgment awarding the fee based on section 501.2105....

...Thus, the plaintiff/appellee could not have been a prevailing party on the Chapter 501 claim since this court determined that his cause of action fell outside the requirements of Chapter 501. In Rustic Village, Inc. v. Friedman, 417 So.2d 305 (Fla. 3d DCA 1982), the court reversed a denial of attorney's fees pursuant to section 501.2105 to a successful defendant, finding that "where a plaintiff brings a claim under the act, an attorney's fee is to be allowed a prevailing defendant even though the trial judge holds that the cause of action is not one contemplated by the act." 417 So.2d 305....

...1st DCA 1985), this court ruled on the somewhat related issue of whether a defendant who was successful on a motion for directed verdict on a Chapter 501 claim, on grounds that the plaintiff's claim was based on a consumer transaction, was a prevailing party for purposes of a fee award under section 501.2105....

...501 claim, the trial court entered judgment for the plaintiff on breach of contract and bailment claims, and awarded damages of $4,647 to the plaintiff. This court found that, under those circumstances, the defendant was not a prevailing party under section 501.2105. In this case, the trial court entered judgment against appellee as to all counts. Under these circumstances, appellant was a prevailing party under section 501.2105. Under the holdings in Rustic Village and Brown, appellee as the successful defendant is entitled to a fee under section 501.2105 because the plaintiff brought, but failed to establish, its claim under Chapter 501. As to the allocation issue, section 501.2105(2) provides that the prevailing party shall submit a sworn affidavit of his time spent "on the case." Section 501.2105(3) provides that the trial judge shall award costs and fees for the hours actually spent "on the case." This court has found that the language of the statute "contemplates recovery of attorney's fees for hours devoted to the entire litigation ......

...such as punitive damages, which were clearly beyond the scope of a 501 proceeding." 476 So.2d at 272. In LaFerney v. Scott Smith Oldsmobile, Inc., 410 So.2d 534 (Fla. 5th DCA 1982), the trial court reduced the prevailing plaintiff's fee award under section 501.2105 by 80 percent on grounds that the Chapter 501 claim was only one of five counts in the complaint....

party” after exhaustion of all appeals. Fla. Stat. § 501.2105(1).16 Courts have discretion to award fees under

claim was not yet ripe as the fee statute, section 501.2105(1), Florida Statutes, provides for a prevailing

...After conducting a hearing on the motion, the trial court denied Black Diamond's request for attorney's fees and costs, holding: This Court agrees with the Plaintiff that the Defendants are not entitled to prevailing party fees and costs merely because the Plaintiff voluntarily dismissed his claim. Section 501.2105(1) requires a final judgment and exhaustion of appeals....

...* * * (6) Any person prevailing in a civil action for violation of this section shall be awarded costs, including reasonable attorney's fees, and may be awarded punitive damages in addition to actual damages proven. This provision is in addition to any other remedies prescribed by law. *821 § 817.41(6), Fla. Stat. (2003). Section 501.2105(1) of Florida's Deceptive and Unfair Trade Procedure Act attorney's fee provision provides: Attorney's fees....

...* * * (1) In any civil litigation resulting from an act or practice involving a violation of this part, except as provided in subsection (5), 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. § 501.2105(1), Fla....

...5th DCA 1987). Additionally, a prevailing party is entitled to recover an award of costs pursuant to rule 1.420(d) of the Florida Rules of Civil Procedure following a voluntary dismissal. Black Diamond sought fees and costs pursuant to sections 817.41(6) and 501.2105(1) of the Florida Statutes. Both statutes require that a party be a prevailing party in order to be entitled to recover attorney's fees. However, section 501.2105(1) also requires that there be an entry of judgment before attorney's fees can be awarded. In this case, attorney's fees cannot be granted to Black Diamond under section 501.2105(1) because judgment is not entered following a voluntary dismissal....

...and this court's holding in Long. Black Diamond is also entitled to recover attorney's fees under section 817.41(6) of the Florida Statutes and this court's holdings in Vidibor and Long. Black Diamond is not entitled to recover attorney's fees under section 501.2105(1) of the Florida Statutes....

...Trexler failed to allege her entitlement to them pursuant to section 501.201 et seq., Florida Statutes (1979), the Florida Deceptive and Unfair Trade Practices Act. Trexler argues she is entitled to attorney's fees under either section 57.105 [1] or 501.2105, [2] Florida Statutes (1979)....

...NOTES [1] Section 57.105, Florida Statutes (1979) provides: The court shall award a reasonable attorney's fee to the prevailing party in any civil action in which the court finds that there was a complete absence of a justiciable issue of either law or fact raised by the losing party. [2] Section 501.2105, Florida Statutes (1979) provides in part: (1) In any civil litigation resulting from a consumer transaction involving a violation of this part, except as provided in subsection (5), the prevailing party, after judgment in the trial...

fees to a prevailing plaintiff. See Fla. Stat. § 501.2105(1). Therefore, even in cases where the damages

...n award dependent upon a showing, in one way or another, that under the attorney's agreement with the client the award of such additional fees would be beneficial to the client. See, B & L Motors, Inc. v. 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....

...ponses thereto, we grant the motions, withdraw our previous opinion, and substitute the following opinion in its stead: Alton and Brenda Jeffcoat, defendants/counterplaintiffs below, appeal a judgment for attorney fees and costs rendered pursuant to section 501.2105, Florida Statutes (1979), in favor of Robert Heinicka and Heinicka Homes, Inc., plaintiffs/counterdefendants below, following entry of the final judgment....

...Following a jury trial, the court rendered a final judgment in appellees' favor on both the suit and counterclaim on January 16, 1981. The court did not reserve jurisdiction to enter any further orders. On March 17, 1981, appellees filed a motion and affidavit for attorney fees and costs pursuant to section 501.2105. This section reads in relevant part: 501.2105 Attorney's Fees....

...Jackson, 390 So.2d 787 (Fla. 1st DCA 1980); Oyer v. Boyer, 383 So.2d 717 (Fla. 4th DCA 1980); McCallum v. McCallum, 364 So.2d 97 (Fla. 4th DCA 1978); Church v. Church, 338 So.2d 544 (Fla. 3d DCA 1976); Frumkes v. Frumkes, 328 So.2d 34 (Fla. 3d DCA 1976). Appellees reply that section 501.2105 does not require that a trial court reserve jurisdiction in order to award attorney fees and costs on a later date....

...[1] We agree with appellees. The aforementioned marriage dissolution cases relied upon by appellants are materially distinguishable from the present case because the statute allowing for attorney fees and costs in those cases, section 61.16, does not, like section 501.2105, expressly grant a trial court the power to award a prevailing party attorney fees and costs after entry of the final judgment and exhaustion of all appeals, if any. In our view, this language in section 501.2105 makes it unnecessary for a trial court to reserve jurisdiction in order to be able to subsequently enter a judgment for attorney fees and costs. Of course, this is not to say that a trial court automatically retains jurisdiction under section 501.2105 until the motion and affidavit are finally filed. Instead, it means that a trial court may assume jurisdiction again once the motion and affidavit are filed. Appellants assert next that a prevailing party must file a motion for attorney fees and costs under section 501.2105 no later than 31 days after rendition of the final judgment where there is neither a motion for a new trial nor an appeal....

...ter rendition of the final judgment. Appellees, of course, did not file a motion and affidavit until one month later, March 17, 1981. We do not view appellees failure to file the motion and affidavit prior to March 17, 1981, as fatal to their cause. Section 501.2105 does not set forth an express time limit for the filing of the motion and affidavit....

...Heinicka, 436 So.2d 1042 (Fla. 2d DCA 1983). The statute authorizing costs in the present case, Section 733.106, Florida Statutes, does not contain a provision permitting the payment of costs following an appeal, unlike the statute considered in Jeffcoat — Section 501.2105, Florida Statutes (1979).

The alternative request for fees under section 501.2105 of the Florida Statutes is moot.

2008)). . Fla. Stats. § 501.207; § 501.211(2) & § 501.2105. . There can be no per se violation of FDUT-PA

costs, as allowed in equitable actions.”); id. § 501.2105(1) (“In any civil litigation resulting from [a

...We find no error in the entry of the final judgment and affirm it without discussion. We also affirm the award of attorney's fees; however, we reverse the application of the contingency risk multiplier to the fee award. The trial court granted attorney's fees pursuant to section 501.2105, Florida Statutes (1995)....

...attorney's fees. We note that the oral agreement for attorney's fees was reduced to writing before the final judgment was entered. [1] Therefore, the question presented is whether attorney's fees may be recovered by the prevailing party pursuant to section 501.2105 where the contingency fee agreement was signed after the trial but before the final judgment was entered....

...Moore, 619 So.2d 1037 (Fla. 4th DCA 1993), is directly on point. In Stewart, the Fourth District held that the application of the contingency risk multiplier is inappropriate where "the primary statute relied upon ... for recovery of attorney's fees is section 501.2105, Florida Statutes (1989) which provides a reasonable attorney fee for the prevailing party `for the hours actually spent on the case.'" 619 So.2d at 1038. We agree with Stewart and hold that the contingency risk multiplier should not have been applied in this case where the award of attorney's fees was based on section 501.2105....

...attorneys fees. In Heindel, the plaintiff pleaded alternative theories of bailment, breach of contract, and deceptive trade practices under Chapter 501. Chapter 501 actions carry an attorneys fee provision for "the prevailing party, after judgment." § 501.2105....

...Davis of Rumberger, Kirk, Caldwell, Cabaniss, Burke & Wechsler, Orlando, for appellee Nimnicht Chevrolet Co. Carl D. Dawson, Jacksonville, for appellees. SHIVERS, Judge. Appellants Marion E. and Essie H. Gardner, plaintiffs in the trial court, appeal an order denying their motion for attorney's fees pursuant to section 501.2105, Florida Statutes....

...plaintiffs on the revocation of acceptance count. On July 17, 1987, appellants filed a notice of election of remedy of revocation, specifically stating therein that they did not intend to abandon their right to attorney's fees and costs pursuant to section 501.2105 of the Deceptive and Unfair Trade Practices Act....

...urt denied the motion on the basis that appellant had elected the remedy of revocation of acceptance and that attorney's fees were not recoverable under either the revocation of acceptance statute or under the appellants' contract with Nimnicht. *28 Section 501.2105(1) of the Florida Deceptive and Unfair Trade Practices Act provides: In any civil litigation resulting from a consumer transaction involving a violation of this part, except as provided in subsection (5), the prevailing party, after...

...ict rendered on the deceptive trade practices count, they were the prevailing parties, after judgment, in a civil litigation resulting from a violation of the Act and, therefore, were entitled to attorney's fees and costs under the plain language of section 501.2105....

...Southside Chrysler-Plymouth, Inc., 476 So.2d 266 (Fla. 1st DCA 1985) mandates affirmance in the instant case, since appellants did not technically recover a judgment on the Chapter 501, part 2 claim. We disagree. The issue in Heindel was whether the defendant was entitled to attorney's fees under 501.2105 where the trial court had granted a directed verdict in defendant's favor on the deceptive trade practices count of plaintiff's complaint, but the jury had returned a verdict in favor of plaintiff on the remaining counts of bailment and breach of contract. Because the defendant had prevailed on directed verdict, but no judgment had been entered in its favor, we concluded that it was not entitled to attorney's fees under section 501.2105, and stated: "[i]n summary, we hold that to recover attorney's fees a party must (1) recover judgment on the Chapter 501, part 2 claim, and (2) recover a net judgment in the entire case." 476 So.2d at 270. Our holding in Heindel does not conflict with the plain language of section 501.2105(1) that a prevailing party is entitled to attorney's fees and costs "in any civil litigation resulting from a consumer transaction involving a violation of this part... ." (emphasis supplied) Finding appellants' recovery in this matter to be encompassed within the language of section 501.2105(1), we reverse the trial court's denial of their motion for attorney's fees and remand....

of attorney’s fees was discretionary under section 501.2105, Florida Statutes (2003), which provided that

costs from the nonprevailing party. Fla.Stat.Ann. § 501.2105 (West Supp.1985) (emphasis added). We read this

pursuant to the FDUTPA fee-shifting provision, section 501.2105(3), citing Schick v. Department of Agriculture

...Second, adequate incentives exist for consumers who have sustained an actual loss to obtain redress. We note that customers who succeed in establishing one of the statutory claims pleaded in the complaint would be entitled to an award of attorney's fees. See § 501.2105, Fla....

...ce violates the Act and for injunctive relief to prevent a subsequent violation. § 501.21. Finally, the Act provides that in any civil litigation arising under the Act, the prevailing party shall be entitled to reasonable attorney's fees and costs. § 501.2105....

...Weekly World News, Inc., 747 F.Supp. 1477 (S.D.Fla.1990). Because Airflo filed a valid complaint for injunctive relief pursuant to the Act, which was granted, Airflo is the prevailing party and, accordingly, is entitled to attorney's fees pursuant to section 501.2105(1)....

Appellants sought fees under the provisions of Section 501.2105, Florida Statutes (1981). Appellants’ motion

...[2] FDUTPA permits the recovery of costs. Accordingly, an award of costs to the defendant is only permitted if the Court finds that the defendant is entitled to receive reimbursement for costs in the case at bar under FDUTPA. A. FDUTPA The defendant seeks fees under § 501.2105 of FDUTPA....

sureties are not subject'to such assessments. Section 501.2105 provides, in pertinent part: (1) In any civil

...Affirmed. See Humane Soc'y of Broward County, Inc. v. Fla. Humane Soc'y, 951 So.2d 966, 971 (Fla. 4th DCA 2007) ("To apply Christiansburg [ Garment Co. v. Equal Employment Opportunity Commission, 434 U.S. 412, 98 S.Ct. 694, 54 L.Ed.2d 648 (1978)] to section 501.2105(1), [as appellants urge], would be to rewrite the statute....

reasonable attorneys’ fees, and costs pursuant to Section 501.2105, Florida Statutes. COUNT III: Declaratory

case for an award of attorney’s fees under Section 501.2105(1), Florida Statutes (1983). There is no showing

for appellee. PER CURIAM. Affirmed. See § 501.2105(1), Fla. Stat. (2021) (a prevailing party “may”

filing its motion seeking attorney’s fees under section 501.2105, Florida Statutes (2005), after the trial

So. 3d at 368 (emphasis in original) (quoting § 501.2105(1), Fla. Stat. (2011)). There, Horowitch filed

Company was entitled to attorney’s fees under section 501.2105(1), Florida Statutes (2020) (part of Florida’s

of hearing, and pursuant to Florida Statutes, § 501.2105, to award Plaintiff’s attorney fees in the manner

...seeking guidance as to the application of Florida’s offer of judgment statute, Fla. Stat. § 768.79, Florida Rule of Civil Procedure 1.442, and the fee-shifting provision of the Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”), Fla. Stat. § 501.2105. First, we ask whether an offer of judgment may be viable when it purports to settle “all claims,” even though it does not explicitly “state whether the proposal includes attorneys’ fees and whether attorneys’ fees are part of the legal claim” as required by Rule 1.442(c)(2)(F)....

...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. Fla. Stat. § 501.2105(1)....

...he FDUTPA’s fee-shifting provision and the offer of judgment statute, and because we have found no Florida cases directly addressing whether the FDUTPA would apply to circumstances like these, we certify the following question: DOES FLA. STAT. § 501.2105 ENTITLE A PREVAILING DEFENDANT TO AN ATTORNEY’S FEE AWARD IN A CASE IN WHICH A PLAINTIFF BRINGS AN UNFAIR TRADE PRACTICES CLAIM UNDER THE FDUTPA, BUT THE DISTRICT COURT DECIDES THAT THE SUBSTANTIVE LAW OF A DIFFERENT STATE GOVERNS T...

...FDUTPA fee-shifting provision extends to the period after which the FDUTPA claim was eliminated, and because we are already certifying the question of whether the FDUTPA applies to this case at all, we certify the following question: IF FLA. STAT. § 501.2105 APPLIES UNDER THE CIRCUMSTANCES DESCRIBED IN THE PREVIOUS QUESTION, DOES IT APPLY ONLY TO THE PERIOD OF LITIGATION UP TO THE POINT THAT THE DISTRICT COURT HELD THAT THE PLAINTIFF COULD NOT PURSUE THE FDUTPA CLAIM BECAUSE FLORIDA LAW D...

Since the attorney’s fees award was based on section 501.2105, Florida Statutes (1981) (the “Little FTC

FDUTPA’s prevailing-party fee provision. See § 501.2105(1), Fla. Stat. (2020). Quires and Copperstone

court awarded attorney’s fees pursuant to section 501.2105, Florida Statutes, the attorney fee provision

costs from the nonprevailing party.” Fla. Stat. § 501.2105. The Court reserves judgment on this request

statutory provision [under FDUTPA]”); see also § 501.2105(1), Fla. Stat. (“[T]he prevailing party . .

...on for Attorney's Fees should have been granted as unopposed, and, alternatively, he should have been awarded attorneys' fees pursuant to (1) the licensing agreement between BCS and Advantage Trading Group, Inc., NAC's predecessor ("Agreement"), (2) Section 501.2105, Florida Statutes (2009), the attorneys' fees provision of the Florida Deceptive and Unfair Trade Practices Act ("FDUTPA"); and (3) 15 U.S.C....

...Because Goble is not a party to the contract, Florida's reciprocity statute does not apply. Accordingly, Goble should not be awarded attorneys' fees pursuant to Section 8.06 of the Agreement. III. Attorneys' Fees Pursuant to FDUTPA The Magistrate denied Goble's request for attorneys' fees under FDUTPA pursuant to § 501.2105, Florida Statutes (2009), because Goble did not discuss any of the factors that may justify an award of attorneys' fees or demonstrate that his attorneys expended any meaningful time defending BCS's FDUTPA claim....

...72(b)(3) ("The district judge must determine de novo any part of the magistrate judge's disposition that has been properly objected to. ") (emphasis added). Because on its de novo the Court finds no valid objection to the Magistrate's recommendation to award no attorneys' fees pursuant to Section 501.2105, Florida Statutes, this portion of the Report and Recommendation will not be disturbed....

...of Broward County, Inc. v. Florida Humane Soc., 951 So.2d 966, 971 (Fla. 4th Dist.Ct.App.2007). Currently, however, the FDUTPA provides that the Court may in the exercise of its discretion award the prevailing party attorney's fees. Id. (citing Fla. Stat. § 501.2105)....

Deceptive and Unfair Trade Practices Act, section 501.2105, Florida Statutes (1991). We reverse. In the

Florida Deceptive and Unfair Trade Practices Act. § 501.2105, Florida Statutes. Parker Tampa Two is accordingly

Borders. . §§ 501.201-.213, Fla. Stat. (2007). . § 501.2105, Fla. Stat. (2007). . For example, over 100

appellant’s claim for attorney’s fees under section 501.2105(1), Florida Statutes (1991), on grounds that

reasonable attorney's fees and costs. See Fla. Stat. § 501.2105 ; see also Democratic Republic of Congo v. Air

and Unfair Trade Practices Act (“FDUTPA”) section 501.2105, Florida Statutes (2020). Persuaded of the

and Unfair Trade Practices Act (“FDUTPA”) section 501.2105, Florida Statutes (2020). Persuaded of the

governs fee entitlement under the FCCPA and section 501.2105 controls fee entitlement under FDUTPA. Banner

...that prohibit deceptive business practices, see Fla. Stat. § 501.201 et seq., and misleading advertising, see Fla. Stat. § 817.41. Both statutory causes of action authorize a court to award attorney fees to the prevailing party. See Fla. Stat. § 501.2105; Fla....

...attributed. First, we find no basis for attributing the potential award of attorney fees to Cohen, either individually or as the class representative. The claim for attorney fees in this case is based on two Florida statutes: Fla. Stat. § 501.2105(1), authorizing an award of attorney fees to “the prevailing party” in an action based on deceptive business practices; and Fla....

...e requisite amount in controversy. As for the first factor, the class members in this case could recover their individual attorney fees incurred in separate, individual suits under Florida’s consumer protection statutes. See Fla. Stat. § 501.2105(1) (authorizing fee award for “prevailing party”); Fla....

...t compensatory purpose. In BMW of North Amer., Inc. v. Krathen, 510 So.2d 366, 368 (Fla. 4th Dist. Ct. App. 1987), the District Court of Appeals for the Fourth District noted that “the obvious purpose of the ‘Little FTC Act’ [which includes § 501.2105(1)] is to make consumers whole for losses caused by fraudulent consumer practices [and that] ......

...As to recoverable attorney’s fees, the statute provides that “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. § 501.2105(1). 5 requested their removal, ATTM refused to remove past charges and allowed additional charges to accrue during a waiting period before the Plaintiffs’ cancellation became effective....