Associate Attorney
In Aderwel Holdings, Ltd. v. Aqua Trees, LLC (Fla. 3d DCA Mar. 25, 2026), the Third District reversed a trial court’s denial of attorney’s fees, holding that a defendant is the prevailing party following a voluntary dismissal.
What happened:
Aqua Trees sued Aderwel Holdings for breach of contract. The contract included a prevailing party attorney’s fees provision.
Aqua Trees voluntarily dismissed the lawsuit. Aderwel then moved for attorney’s fees as the prevailing party. The trial court denied the motion.
The Third District reversed.
Relying on Thornber v. City of Fort Walton Beach, 568 So. 2d 914, 919 (Fla. 1990), the court reaffirmed that a voluntary dismissal renders the defendant the prevailing party. The court also found the contract’s fee provision broad enough to cover fees incurred in defending the action.
Why it matters (for trial lawyers):
• A voluntary dismissal generally makes the defendant the prevailing party
• This rule applies even with minimal litigation activity
• Broad fee provisions will support recovery for defending the claim
Takeaway:
If your client is sued and the plaintiff voluntarily dismisses, you likely have a strong basis to recover attorney’s fees under a prevailing party provision.
Stay sharp with us.
A voluntary dismissal doesn’t end the case quietly — it can trigger fee exposure.
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