Associate Attorney
In Nova Southeastern University v. Garratt Callahan Co., 50 Fla. L. Weekly D2247 (Fla. 4th DCA 2025), Nova sued three vendors over a water-cooling system’s bacteria outbreak. Two defendants settled; one lost and was subject to an attorneys’ fees award. Nova then sought attorney’s fees for work relating to the settled defendants, arguing the claims were “inextricably intertwined.” The Fourth DCA affirmed the trial court’s denial of fees against the settled parties.
Notably, claims are inextricably intertwined only when deciding one necessarily decides the other. Related facts alone aren’t enough. In this case, different claims, contracts, and scope of work supported independent action. The court also upheld fee reductions for block billing, vague entries, and duplication, reminding fee applicants to keep records that let courts identify time by claim.
In practice, what does this mean? Attorneys should plead, prosecute, and bill withclarity; don’t rely on “global” fees unless the claims truly rise and fall together. Further, if seeking intertwined fees, build a record showing legal, not just factual, overlap.
In summary, Florida courts won’t shift fees across co-defendants just because a case shares a common factual backdrop. Unless one claim’s resolution necessarily decides another, treat them as separate lanes, and bill like it.
At Boatman Ricci, we structure cases and billing to preserve fee recovery and defend against overbroad fee claims. Looking for attorneys who practice and bill meticulously? Contact our team.
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