Skip to main content

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.

Comments

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

    ReplyDelete
  2. 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.

    ReplyDelete
  3. 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.

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

    ReplyDelete
  5. 4:29. Props, those are really great.

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

    ReplyDelete
  7. Thanks for the Zevon, GW.

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

    ReplyDelete

Post a Comment

Popular posts from this blog

My Kind of Federal Judge!

Sure we have Scott Rothstein and his lovely Tom James clothier Romina Sifuentes, but Louisiana has ED LA judge G. Thomas Porteous Jr.:
A federal judge from Louisiana who had run up big gambling debts routinely solicited money and gifts from lawyers with cases before his court, Congressional investigators said Tuesday as the House opened impeachment hearings in the judge’s case. The judge, G. Thomas Porteous Jr. of Federal District Court, had more than $150,000 in credit card debt by 2000, mostly for cash advances spent in casinos, investigators said. Judge Porteous’s requests for cash became so frequent that one New Orleans lawyer said he started trying to dodge the judge.“He began to use excuses that he needed it for tuition, he needed it for living expenses,” the lawyer, Robert Creely, told a House Judiciary Committee task force. “I would avoid him until I couldn’t avoid him anymore.”
Mr. Creely said he and his law partner, Jacob Amato, gave Judge Porteous an estimated $20,000 o…

Honoring Richard C. Seavey

I drank a shit-ton of bourbon last night. Enough to float a battleship.

My head hurts. But not as much as my heart.

We lost another lawyer over the weekend. Not someone who will receive facebook accolades and other public claims of friendship and statements that he shaped and changed lives and careers. Just a guy who did the best he could with what he had. Every day. And he did very, very well to be the best person he could be. 
Richard Seavey was a profoundly private person. In his 49 years, he walked through more than his share of trials and tribulations, mostly asking for no help, leaning on no one. 

Richard was a fantastic lawyer. He could try a case. He could "litigate" a case. He could mediate and settle a case. He was nuanced. He bent but never broke. The blustery Miami lawyer never scared him. To the contrary, he found humor in it, studying it like a science project. Richard never got too high or too low. He was good at lawyering, but you got the f…

First Carnival Triumph Lawsuit on File!

It was filed in the SD FL (of course) and is pending before Judge Graham.

Check it out here.

The lawyer on the pleading is Marcus R. Spagnoletti.