Florida Appellate Attorneys’ Fees: State Your Grounds

A motion for appellate attorneys’ fees “shall state the grounds on which recovery is sought.”  Florida Rule of Appellate Procedure 9.400(b).  In Pardo__Kaplan_v__Goldberg1, (3d DCA  2012) the Florida Third District Court of Appeal confirmed the importance of specifically stating the grounds upon which appellate fees are sought.

Lisa Goldberg filed a motion for appellate attorneys’ fees.  Goldberg’s stated grounds upon which appellate fees were sought were under both a promissory note and a personal guaranty.  The appellate court denied the appellate motion for fees because neither the promissory note nor the personal guaranty created an entitlement to fees. 

Goldberg filed a motion for rehearing, stating that the appellate court overlooked the provisions of section 59.46, Florida Statutes (2011).  Section 59.46 states that, “In the absence of an expressed contrary intent, any provision of a statute or of a contract entered into after October 1, 1977, providing for the payment of attorney’s fees to the prevailing party shall be construed to include the payment of attorney’s fees to the prevailing party on appeal.”

The Florida appellate court denied the motion for two reasons.  First, Goldberg’s motion for fees did not refer to section 59.46, and only sought fees under the promissory note and guaranty.  Second, section 59.46 only applies when a contract or statute provides for payment of fees, but is not an independent basis for appellate fees in Florida.  Because Goldberg had no basis for fees in statute or contract, Goldberg was not entitled to appellate attorneys’ fees.

Pinellas County (Clearwater)

Matthew Weidner

Orange County (Orlando)

Philip W. Gunthert

Broward County (Ft. Lauderdale)

Natasha M. Dalton

Hillsborough County (Tampa)

R. Todd Burbine

Sarasota County

Dawn Bates-Buchanan

Lee County (Ft. Myers)

Scott Kuhn

Duval County (Jacksonville)

Long H. Duong

Complete Guide to Florida Probate

Opening the Probate Estate / Initial Steps
Payment of Creditors, Expenses And Beneficiaries
Florida Spousal and Family Rights
Closing the Probate Estate
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Complete Guide to Florida Probate

Opening the Probate Estate - Initial Steps
Payment of Creditors, Expenses And Beneficiaries
Florida Spousal and Family Rights