Pro Se Handbook
– The Florida Bar –
Chapter 2
Attorney's Fees
ITEM 2A | IS A PRO SE LITIGANT ENTITLED TO ATTORNEY’S FEES ON APPEAL?
ITEM 2B | CAN A PRO SE LITIGANT BE RESPONSIBLE FOR THE OPPOSING PARTY’S ATTORNEY’S FEES?
If there is a basis in a statute or a contract for awarding attorney’s fees in the lower tribunal, that same statute or contract usually can also be a basis for an award of appellate attorney’s fees. See Section 59.46, Florida Statutes. In the case of Dade County v. Pena, 664 So. 2d 959 (Fla. 1995), the court explained: “In the absence of an expressed contrary intent, any provision of a statute or of a contract . . . 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.”
Just a few examples of some Florida Statutes that provide for an award of attorney’s fees include:
2. Section 61.16, Florida Statutes (regarding attorney’s fees based on relative financial need in family law matters);
3. Section 78.20, Florida Statutes (regarding attorney’s fees to prevailing defendant in a replevin action);
4. Section 83.49(3)(c), Florida Statutes (regarding attorney’s fees to prevailing party in residential landlord-tenant dispute over security deposit);
5. Sections 120.69(7) and 120.595, Florida Statutes (regarding attorney’s fees to prevailing party in some circumstances in certain administrative law cases);
6. Section 448.08, Florida Statutes (regarding attorney’s fees to prevailing party in an employee's action for lost wages).
ITEM 2C | WHO IS ENTITLED TO OR RESPONSIBLE FOR COURT COSTS ON APPEAL?
It is important to understand that court costs are different from attorney’s fees, and different rules apply to costs. Costs include things like filing fees and the cost of the transcript or appellate record. More specifically, Florida Rule of Appellate Procedure 9.400(a) provides that the party who prevails in the appeal is entitled to recover certain costs incurred in the appeal, including: costs for filing and for service of process, charges for the lower tribunal clerk’s preparation of the record, any necessary hearing or trial transcripts, bond premiums, and other costs that the law permits.
ITEM 2D | HOW ARE COSTS INCURRED ON APPEAL RECOVERED?
In contrast, a motion for attorney’s fees is filed in the appellate court. Then, if the appellate court awards attorney’s fees, the party entitled to the fees generally has to file a motion in the trial court to determine the amount of the fees. Unlike with appellate costs, there is no set deadline in the rules for filing a motion to determine the amount of attorney’s fees in the trial court after the appellate court awards entitlement to fees. But such a motion should probably still be filed within the same amount of time as a costs motion (i.e., within 45 days of the appellate court’s decision).
You might need to reference it during your pursuit of justice.
For instance, you might need to examine one of these passages in order to protect yourself from organizations/judges/lawyers who break the law (see this example of a Florida judge who outright committed perjury).
Nevertheless – and as always – please get the justice you deserve.
Sincerely,
www.TextBookDiscrimination.com
