Chapter 18-8 Attorneys' Fees on Appeal

• Jurisdiction: United States

18-8 Attorneys' Fees on Appeal

In all Florida appeals, the prevailing party is entitled to attorneys' fees only if there are contractual or statutory grounds for attorneys' fees at the trial level.⁷⁶ Attorneys' fees in foreclosure appeals are controlled by the terms of the mortgage contract.⁷⁷Where the mortgage calls for the mortgagee's attorney's fees to be paid in the event of a foreclosure, the mortgagor is also entitled to the payment of fees in the event the case is dismissed or judgment is entered for the mortgagor.⁷⁸ The prevailing party in an appeal may also be entitled to payment of costs, including filing fees, service of process, and charges for preparation of the record and transcripts.⁷⁹

A party in a foreclosure appeal must file a motion seeking attorneys' fees before the party knows whether it is entitled to such an award (because the appeal has not yet been decided). The motion must be filed within the time for filing the reply brief in an appeal, or within the time for service of a petitioner's reply in a case seeking an extraordinary writ.⁸⁰

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Notes:

^[76] Fla. Stat. 59.46.

^[77] Nudel v. Flagstar Bank, FSB, 60 So. 3d 1163, 1164-65 (Fla. 4th DCA 2011); see also Fla. R. App. P. 9.400(b).

^[78] Fla. Stat. §57.105(7).

^[79] Fla. R. App. P. 9.400(a).

^{[80] 80.} Fla. R. App. P. 9.400(b)(1)-(2).