Associate Attorney
In Font v. The Homes at Sheridan Ocean Club Homeowners’ Association, Inc., 51 (Fla. 4th DCA July 15, 2026), the Fourth District held that a prevailing party attorney’s fee provision was not broad enough to allow recovery of attorney’s fees incurred litigating the amount of fees.
What happened:
After prevailing in litigation, the homeowners’ association sought attorney’s fees under both its Declaration and section 720.305(1), Florida Statutes. The trial court awarded not only the fees incurred enforcing the Declaration, but also the additional fees incurred litigating the amount of those fees.
The Fourth District reversed that portion of the award.
The court explained that Florida follows the general rule that parties cannot recover “fees for fees” unless a statute or contract expressly authorizes it. Here, the Declaration authorized fees only in actions brought to enforce the Declaration. That language was too narrow to include fees incurred litigating the amount of attorney’s fees.
Why it matters (for trial lawyers):
Florida courts strictly construe contractual attorney’s fee provisions.
The general rule is that attorney’s fees incurred litigating the amount of fees are not recoverable.
To recover “fees for fees,” the contract must contain language broad enough to expressly authorize that recovery.
Takeaway:
Before seeking “fees for fees,” carefully review the contractual fee provision. A prevailing party clause alone may not be enough.
When it comes to attorney’s fees, every word matters. Courts will enforce the language the parties agreed to—not expand it.
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