Florida’s Fourth District Court of Appeal has determined that a prevailing party in a lawsuit involving a contract can recover attorney fees from the non-prevailing party for time spent not only winning the case and establishing its entitlement to fees but for time spent litigating the amount of fees eventually awarded as well. The case is Waverly at Las Olas Condominium Ass’n, Inc. v. Waverly Las Olas, LLC , and the contractual provision at issue provided for an award of attorney fees for “any litigation between the parties under this agreement.” This decision is important for cases where contractual attorney fees provisions are involved.
The prevailing party, a condominium developer, successfully defended claims brought against it by a condominium association involving parking. The trial court awarded the developer attorney fees incurred through the entry of final judgment and an additional sum for litigating the amount of those fees post-judgment that is, all fees incurred in the litigation.
