Trial Practices, Inc. v. Hahn Loeser & Parks, LLP

5 Citing cases

  1. Trial Practices, Inc. v. Hahn Loeser & Parks, LLP

    260 So. 3d 167 (Fla. 2018)   Cited 2 times

    The issue presented is whether the pre-2014 version of Rule Regulating the Florida Bar 4-3.4(b), which addresses witness payments and the prohibition against offering inducements to witnesses, prevents the prevailing party in this case from taxing as costs certain payments made to fact witnesses for their "assistance with case and discovery preparation." This Court has for review Trial Practices, Inc. v. Hahn Loeser & Parks, LLP , 228 So.3d 1184, 1191 (Fla. 2d DCA 2017), in which the Second District Court of Appeal concluded that the witness payments were permitted under rule 4-3.4(b) and were thus recoverable. The Second District then certified the following as a question of great public importance:

  2. Bayview Loan Servicing v. Cross

    286 So. 3d 858 (Fla. Dist. Ct. App. 2019)   Cited 2 times   1 Legal Analyses

    However, in finding that Cross was entitled to an award of attorney's fees incurred in litigating the amount of his attorney's fees, the trial court relied upon an exception to that general rule that applies where an attorney's fees provision in a contract is "broad enough to encompass fees incurred in litigating the amount of fees." SeeTrial Practices, Inc. v. Hahn Loeser & Parks, LLP , 228 So. 3d 1184, 1189 (Fla. 2d DCA 2017), quashed on other grounds , 260 So. 3d 167 (Fla. 2018) ; Waverly at Las Olas Condo. Ass'n v. Waverly Las Olas, LLC , 88 So. 3d 386, 389 (Fla. 4th DCA 2012). In Waverly , the Fourth District Court interpreted a contractual attorney's fees provision that authorized the award of prevailing party fees "[i]n the event of any litigation between the parties under [the agreement]."

  3. Schottenstein v. J.P. Morgan Sec.

    21-cv-20521-BLOOM/Otazo-Reyes (S.D. Fla. Oct. 26, 2022)

    Instead, it held that prejudgment “interest accrues from the date the entitlement to attorney fees is fixed through agreement, arbitration award, or court determination, even though the amount of the award has not yet been determined.” Id. at 931; see also Trial Practices, Inc. v. Hahn Loeser & Parks, LLP, 228 So.3d 1184, 1193 (Fla. 2d DCA 2017) (finding that prejudgment interest on attorney's fees awarded pursuant to a prevailing party contractual fee provision should be affixed on the date the prevailing party status is determined). As with the compensatory damages, the Court finds that the prejudgment interest on attorneys' fees is properly calculated from the date of the Award through the date of the Final Judgment.

  4. Scotlynn U.S. Div. v. Titan Trans Corp.

    2:18-cv-521-JLB-NPM (M.D. Fla. Aug. 25, 2022)

    Furthermore, because the contractual fee-shifting provision is written to include “all expenses” and not just reasonable attorney's fees, any nontaxable expenses related to defeating the contract claims on preemption grounds should be recoverable as well. See Trial Pracs., Inc. v Hahn Loeser & Parks, LLP, 228 So.3d 1184, 1192 (2017) (holding that a contractual fee-shifting provision that included an award of “all expenses” could encompass “overhead expenses such as postage, Westlaw research, office supplies, an iPad, travel expenses, telephone calls, courier service, and photocopies”), unrelated portion of opinion quashed, 260 So.3d 167 (Fla. 2018).

  5. TYR Tactical, LLC v. Protective Prods. Enters., LLC

    Case No. 15-cv-61741-BLOOM/Valle (S.D. Fla. Jun. 4, 2018)   Cited 3 times
    Rejecting a blended rate of $525

    Instead, it held that prejudgment "interest accrues from the date the entitlement to attorney fees is fixed through agreement, arbitration award, or court determination, even though the amount of the award has not yet been determined." Id. at 931; see also Trial Practices, Inc. v. Hahn Loeser & Parks, LLP, 228 So. 3d 1184, 1193 (Fla. 2d DCA 2017) (finding that prejudgment interest on attorney's fees awarded pursuant to a prevailing party contractual fee provision should be affixed on the date the prevailing party status is determined). This Court followed the holding of Higley in a recent diversity case, granting a request for prejudgment interest on an award of attorney's fees and costs entered pursuant to Florida Statute § 501.2105.