Tuesday, May 20, 2014

Just Because You Won a Jurisdictional Motion Doesn't Make You a "Prevailing Party."



It's bad karma to go after opposing parties just because you won a jurisdictional motion.  Salt in the wound and all that.....

You're also not a "prevailing party" under FDUTPA -- don't be a schmuck:
According to the plain language of § 501.2105, Fla. Stat., a party may recover attorney’s fees only after a judgment has been entered. See Diamond Aircraft Indus., Inc. v. Horowitch, 107 So. 3d 362, 368 (Fla. 2013) (“[T]o recover attorney's fees in a FDUTPA action, a party must prevail in the litigation; meaning that the party must receive a favorable judgment from a trial court with regard to the legal action, including the exhaustion of all appeals.”); Black Diamond Props., Inc. v. Haines, 36 So. 3d 819, 821 (Fla. 5th DCA 2010) (“[S]ection 501.2105(1) . . . requires that there be an entry
of judgment before attorney’s fees can be awarded.”). Here, the Court dismissed the Complaint solely on jurisdictional grounds, and it is indisputable that no judgment has been entered in this case. Accordingly, Defendant is not entitled to attorney’s fees under this provision.
This is a nice, clear restatement of the law by Judge Rosenbaum, affirming an R&R by Magistrate Judge Hunt, and also is consistent with the broad remedial purposes of FDUTPA.

She also has a good footnote rejecting a real stretch argument:
Defendant contends that the Order dismissing the Complaint is akin to a “judgment” because it effectively “determine[d] the rights of the parties.” This argument lacks merit. First, the Court made no determination as to the parties’ respective rights; it simply concluded that Plaintiff’s claims must be brought in another forum where jurisdiction over Defendant lies. Moreover, Florida courts have consistently held that in order to recover attorney’s fees under § 501.2105, an actual judgment must be entered as to liability.
She's gonna make one hail of an appellate judge.

9 comments:

Godwhacker said...

I think I was there. I think you were there too. Maybe I think too much.

Archimboldi said...

Though I wholeheartedly agree that Judge Rosenbaum will make a great appellate judge, all she did here was accept a report and recommendation issued by Magistrate Judge Hunt. To be fair, you ought to have given him some credit, too. Or at least a "tag." Or something.

South Florida Lawyers said...

Good point, thanks for noting.

Anonymous said...

Letterman top 10 tonight:
10. PA changes state song to Philadelphia Freedom
9. Philadelphia can now really claim to be the city of Brotherly Love.
8. Philadelphia cream cheese. Gets a whole new meaning.
7. Gay PA
6. Penn State Univ changing name to Penis State Univ.
5. New Jersey closes its borders.
4. Puxatawney Phil says I'm coming out now.
3. Pat and Geno can now hug it out in public.
2. Gives a whole new meaning to a philly cheese steak.
1. Rocky Balboa reveals that he really meant Yo Adrian.

Godwhacker said...

Another state wins marriage equality. We could put that post on repeat. Anyone want to guess where this is going?

Anonymous said...

4:29. Props, those are really great.

Anonymous said...

Now I get the lyrics: Philadelphia freedom took me knee high to a man, yeah
Gave me a piece of mama, daddy never had

Anonymous said...

Thanks for the Zevon, GW.

Godwhacker said...

Zevon, like love and genuine kindness should be spread anywhere and everywhere.