Home
Menu
Call attorney Graham Syfert at 904-383-7448
Personal Injury Lawyer
Florida Statute 57.104 | Lawyer Caselaw & Research
F.S. 57.104 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 57.104

The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 57
COURT COSTS
View Entire Chapter
F.S. 57.104
157.104 Computation of attorney fees.
(1) In any action in which attorney fees are to be determined or awarded by the court, the court shall consider, among other things, time and labor of any legal assistants who contributed nonclerical, meaningful legal support to the matter involved and who are working under the supervision of an attorney. For purposes of this section, “legal assistant” means a person who, under the supervision and direction of a licensed attorney, engages in legal research, and case development or planning in relation to modifications or initial proceedings, services, processes, or applications; or who prepares or interprets legal documents or selects, compiles, and uses technical information from references such as digests, encyclopedias, or practice manuals and analyzes and follows procedural problems that involve independent decisions.
(2) In any action in which attorney fees are determined or awarded by the court, there is a strong presumption that a lodestar fee is sufficient and reasonable. This presumption may be overcome only in a rare and exceptional circumstance with evidence that competent counsel could not otherwise be retained.
History.s. 1, ch. 87-260; s. 1, ch. 2023-15.
1Note.

A. Section 29, ch. 2023-15, provides that “[t]his act shall not be construed to impair any right under an insurance contract in effect on or before [March 24, 2023]. To the extent that this act affects a right under an insurance contract, this act applies to an insurance contract issued or renewed after [March 24, 2023].”

B. Section 30, ch. 2023-15, provides that “[e]xcept as otherwise expressly provided in this act, this act shall apply to causes of action filed after [March 24, 2023].”

F.S. 57.104 on Google Scholar

F.S. 57.104 on Casetext

Amendments to 57.104


Arrestable Offenses / Crimes under Fla. Stat. 57.104
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 57.104.



Annotations, Discussions, Cases:

Cases from cite.case.law:

C. NELSON, v. PHARMERICA,, 180 So. 3d 130 (Fla. Dist. Ct. App. 2015)

. . . McLane, 690 So.2d 654, 656 (Fla. 1st DCA 1997) (quoting section 57.104, Florida Statutes (1991)). . . .

S. LANE, v. WORKFORCE BUSINESS SERVICES, INC. f k a, 151 So. 3d 537 (Fla. Dist. Ct. App. 2014)

. . . In Demedrano, this Court held that section 57.104 — which provides that the time and labor of legal assistants . . . The holdings in both Demedrano and Dayco concern only section 57.104 and the means by which an attorney . . .

YOUNGBLOOD, Jr. v. YOUNGBLOOD,, 91 So. 3d 190 (Fla. Dist. Ct. App. 2012)

. . . Indeed, section 57.104, Florida Statutes (2010), provides that when awarding attorney’s fees the court . . . Madden, 865 So.2d 555 (Fla. 3d DCA 2003) (applying § 57.104 in a dissolution case and disallowing fees . . .

BIONETICS CORPORATION, v. W. KENNIASTY,, 69 So. 3d 943 (Fla. 2011)

. . . provision is substantive, we turn now to consider the prospective or retroactive application of section 57.104 . . .

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, v. EDGE FAMILY CHIROPRACTIC, P. A. a a o C. P. A. a a o, 41 So. 3d 293 (Fla. Dist. Ct. App. 2010)

. . . In response, Respondents cite section 57.104, Florida Statutes, which provides: In any action in which . . . Section 57.104 was enacted in 1987 in response to this court’s decision in Bill Rivers Trailers, Inc. . . . Judge Joanos’ observations and section 57.104 are consistent with the prevailing view that an attorney . . . none of these cases involved the application of a multiplier to paralegal fees, the cases (and section 57.104 . . . Nelson, 646 F.Supp. 1300 (S.D.Fla.1986) — pre-dat-ed Jenkins and section 57.104, and the other case — . . .

DEMEDRANO, v. LABOR FINDERS OF TREASURE COAST, 8 So. 3d 498 (Fla. Dist. Ct. App. 2009)

. . . attorneys’ second argument, that paralegal time is a reimbursable cost, begins with a review of section 57.104 . . . Application of section 57.104, Florida Statutes, is mandatory when attorney fees are awarded. . . . 1055, 1061 (Fla. 1st DCA 1993) (holding the trial court “disregarded the mandatory language in section 57.104 . . . Here, the JCC reviewed sections 57.104 and 440.34(1), Florida Statutes, Loper, and Dayco Products, and . . . This court recently applied Dayco Products, 690 So.2d at 655, with its reliance on section 57.104, Florida . . .

BASEBALL AT TROTWOOD, LLC, v. DAYTON PROFESSIONAL BASEBALL CLUB, LLC,, 493 F. Supp. 2d 972 (S.D. Ohio 2005)

. . . Under Florida law (Florida Statutes § 57.104), the NAPBLI may not recover for clerical tasks performed . . . In support of that proposition, BAT relies upon Florida Statutes § 57.104, which provides: In any action . . . Under Florida law (Florida Statutes § 57.104), the NAPBLI is not entitled to recover, as part of an award . . .

MADDEN, v. H. MADDEN n k a H., 865 So. 2d 555 (Fla. Dist. Ct. App. 2003)

. . . performed any “nonclerieal, meaningful legal support to the matter involved” as required by section 57.104 . . .

C S CHEMICALS, INC. v. D. McDOUGALD,, 754 So. 2d 795 (Fla. Dist. Ct. App. 2000)

. . . See § 57.104, Fla. Stat. (1995). . . .

MUNAO, MUNAO, MUNAO MUNAO, d b a La v. HOMEOWNERS ASSOCIATION OF LA BUONA VITA MOBILE HOME PARK, INC., 740 So. 2d 73 (Fla. Dist. Ct. App. 1999)

. . . expert witness testimony, the factors set forth in Florida Rules of Professional Conduct 4-1.5, section 57.104 . . .

F. PEREZ, v. CIRCUIT CITY STORES, INC. a, 721 So. 2d 409 (Fla. Dist. Ct. App. 1998)

. . . depends upon whether pre-demand costs, to which a prevailing plaintiff is entitled pursuant to Section 57.104 . . .

MERCK- MEDCO MANAGED CARE, INC. v. RITE AID CORPORATION,, 22 F. Supp. 2d 447 (D. Md. 1998)

. . . Spray-Rite’s failure to comply with Monsanto’s new marketing practices, Monsanto contended. 465 U.S. at 756-57.104 . . .

HAMM, v. H. ECKLER,, 712 So. 2d 770 (Fla. Dist. Ct. App. 1998)

. . . with respect to the initial complaint, and awarded him attorney’s fees and costs pursuant to section 57.104 . . .

DEPARTMENT OF TRANSPORTATION, STATE OF FLORIDA, v. ROBBINS AND ROBBINS, INC., 700 So. 2d 782 (Fla. Dist. Ct. App. 1997)

. . . While the trial court is required by section 57.104 to consider time expended by legal assistants when . . .

BROWN, v. JUPITER HOSPITAL, 695 So. 2d 406 (Fla. Dist. Ct. App. 1997)

. . . The following year, however, the legislature enacted section 57.104, Florida Statutes (1987), which requires . . . By its adoption of section 57.104, it appears to me that the legislature has modified the Bill Rivers . . . .2d 1055, 1061 (Fla. 1st DCA 1993); (trial court failed to enter a judgment, as required by section 57.104 . . .

DAYCO PRODUCTS v. G. McLANE,, 690 So. 2d 654 (Fla. Dist. Ct. App. 1997)

. . . Section 57.104, Florida Statutes (1991), provides that in any action in which attorney’s fees are awarded . . .

D. WHITLOW, Sr. v. SOUTH GEORGIA NATURAL GAS CO. a, 650 So. 2d 637 (Fla. Dist. Ct. App. 1995)

. . . whether the court considered the time devoted by counsel’s legal assistants, as required under section 57.104 . . .

J. BARNBY, v. AN ADOPTION,, 640 So. 2d 1244 (Fla. Dist. Ct. App. 1994)

. . . also mentioned in its order that payment for legal assistant services was not authorized by section 57.104 . . .

SWORTZ, v. SOUTHERN RAINBOW CORPORATION, a, 621 So. 2d 1093 (Fla. Dist. Ct. App. 1993)

. . . See § 57.104, Fla.Stat. (1991); Country Manors Ass’n, Inc. v. . . .

MARTIN, v. LAIDLAW TREE SERVICE, INC. a, 619 So. 2d 435 (Fla. Dist. Ct. App. 1993)

. . . review the affidavit of Laidlaw to determine if those fees and expenses are appropriate under section 57.104 . . .

LOPER, v. ALLSTATE INSURANCE COMPANY, ALLSTATE INSURANCE COMPANY, v. LOPER,, 616 So. 2d 1055 (Fla. Dist. Ct. App. 1993)

. . . Section 57.104, Florida Statutes (1989), states in pertinent part: In any action in which attorneys’ . . . In apparent disregard of the mandatory language in section 57.104, the trial court entered an amended . . .

UNITED STATES v. N. HARDAGE, ADVANCE CHEMICAL COMPANY, v. ABCO, INC., 750 F. Supp. 1460 (W.D. Okla. 1990)

. . . Supplemental Joint Statement para. 57.104, at 23. 13. . . . from the Oklahoma State Department of Health completed an inspection of the fence at the Hardage site. 57.104 . . .

In ESTATE OF B. PAULK, A. v. LINDAMOOD, M. A. B., 529 So. 2d 1150 (Fla. Dist. Ct. App. 1988)

. . . applicable to the instant case, we are not asked to decide what effect, if any, the enactment of Section 57.104 . . . Section 57.104 provides: "In any action in which attorneys’ fees are to be determined ..., the court . . . Although it is uncertain from the explicit language of section 57.104 whether it was intended to modify . . .