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When you are owed attorneys’ fees as the prevailing party in a case, it is often necessary to have an evidentiary hearing in order to establish the amount of attorneys’ fees that should reasonably be awarded. That was the determination in Farrell v. The Bank of New York Mellon, 51 Fla. L. Weekly D130, Case No. 2D2024-2167, where Florida’s Second DCA reversed an attorneys’ fees award and remanded for an evidentiary hearing in a foreclosure case.
It is unclear whether the court considered Section 702.10(1)(c), Florida Statutes, which, if applicable, allows the trial judge to dispense with the hearing for fee awards that are less than 3% of the principal loan balance. We will consider such “shortcuts” while representing you, to do so as efficiently as possible. We will also consider whether fee entitlement language in your contract is broad enough to capture the attorneys’ fees expended while pursuing the attorneys’ fees award. The general rule is that such fees are not recoverable, but there are exceptions if the language in the agreement is broad enough.
Because the attorneys’ fees involved with litigation can be significant, recovering them is an important part of your case, with which we have ample experience. Even in a contingent fee case, where you do not pay hourly fees upfront, recovering attorneys’ fees from the losing side can greatly increase your total recovery.
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