When are attorneys fees awarded in Florida?

Attorney Tom Olsen: A lot of laymen out there think, "Oh, I sue somebody, I get my attorney's fees." In fact, getting attorney's fees when you file somebody is really pretty limited. Two situations where attorney fees are awarded. One where the Florida statute say that if people are suing each other, the winner gets attorney's fees. Perfect example of that is residential landlord tenant whether it's the landlord suing or the tenant suing, winner gets attorney's fees. Second situation is where a contract between the parties says if we're suing each other we get attorney's fees. Perfect example of that will be the far bar residential contract for sale and purchase of real estate. Other than that, very rare do people get attorney's fees awarded in their civil actions.

Attorney Chris Merrill: That's why we refer to it as the body of that particular law or that area and so, Allen, Tom just gave you two examples and I will give you one more that's associated with real estate, and that is suit for partition. A suit for partition action where property owners cannot agree and they end up going to court to make a determination on how they're going to deal with the property that is also a situation where attorney's fees are included.