Chapter 16-1 Introduction

• Jurisdiction: Florida

16-1 Introduction

16-1:1 The "American Rule" on Attorney's Fees

In Florida, the general rule is that attorney's fees may be awarded to a party in a lawsuit by a court only when authorized by statute or by agreement of the parties.¹ This is referred to as the "American Rule." It applies throughout most jurisdictions in the United States, which have rejected the English rule permitting the award of costs and fees to the prevailing party under common law.² An award of attorney's fees is considered to be in derogation of the common law.³ Furthermore, it is well established that contracts and statutes awarding attorney's fees must be strictly construed.⁴

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Notes:

^[1] Florida Patient's Comp. Fund v. Rowe, 472 So. 2d 1145, 1148 (Fla. 1985); State Farm Fire & Cas. Co. v. Palma, 629 So. 2d 830 (Fla. 1993).

^[2] Alyeska Pipeline Serv. Co. v. Wilderness Society, 421 U.S. 240, 249 (1975).

^[3] Rivera v. Deauville Hotel, Employers Service Corp., 277 So. 2d 265 (Fla. 1973).

^[4] Dade County v. Pena, 664 So. 2d 959 (Fla. 1995); Trytek v. Gale Industries, Inc., 3 So. 3d 1194 (Fla. 2009); Campbell v. Goldman, 959 So. 2d 223, 227 (Fla. 2007).