Chapter 17-6 Wrongful Act Doctrine

17-6 Wrongful Act Doctrine

17-6:1 The Doctrine

Another narrow exception to the American Rule on recovery of attorney's fees is referred to as the "wrongful act doctrine," where the wrongful act of a party has caused the claimant to be in litigation with third parties, causing the claimant to incur attorney's fees to defend itself.¹²⁸ This doctrine would likely have limited applicability to mortgage foreclosure actions, and some courts have questioned its viability in Florida, as the Florida Supreme Court has apparently never recognized it.¹²⁹ However, there are a number of lower Florida courts that have held that the doctrine is "well established," and have awarded fees to the claimant under the doctrine.¹³⁰ Attorney's fees sought under the wrongful act doctrine are special damages, and must be specifically pled.¹³¹

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Notes:

^[128] Reiterer v. Monteil, 98 So. 3d 586 (Fla. 2d DCA 2012); City of Tallahassee v. Blankenship & Lee, 736 So. 2d 29 (Fla. 1st DCA 1999); State Farm Fire & Cas. Co. v. Pritcher, 546 So. 2d 1060, 1061 (Fla. 3d DCA 1989).

^[129] Osorio v. State Farm Bank, F.S.B., 746 F.3d 1242 (11th Cir. 2014).

^[130] Glace & Radcliffe, Inc. v. City of Live Oak, 471 So. 2d 144 (Fla. 1st DCA 1985); Auto-Owners Ins. Co. v. Hooks, 463 So. 2d 468 (Fla. 1st DCA 1985); Northamerican Van Lines, Inc. v. Roper, 429 So. 2d 750 (Fla. 1st DCA 1983); but see State Farm Fire & Casualty Company v. Pritcher, 546 So. 2d 100 (Fla. 3d DCA 1989).

^[131] Robbins v. McGrath, 955 So. 2d 633 (Fla. 1st DCA 2007).