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Florida Statute 83.48 | Lawyer Caselaw & Research
F.S. 83.48 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 83.48

The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 83
LANDLORD AND TENANT
View Entire Chapter
F.S. 83.48
83.48 Attorney fees.In any civil action brought to enforce the provisions of the rental agreement or this part, the party in whose favor a judgment or decree has been rendered may recover reasonable attorney fees and court costs from the nonprevailing party. The right to attorney fees in this section may not be waived in a lease agreement. However, attorney fees may not be awarded under this section in a claim for personal injury damages based on a breach of duty under s. 83.51.
History.s. 2, ch. 73-330; s. 4, ch. 83-151; s. 2, ch. 2013-136.

F.S. 83.48 on Google Scholar

F.S. 83.48 on Casetext

Amendments to 83.48


Arrestable Offenses / Crimes under Fla. Stat. 83.48
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 83.48.



Annotations, Discussions, Cases:

Cases from cite.case.law:

BORJAS, v. VERGARA,, 232 So. 3d 1067 (Fla. Dist. Ct. App. 2017)

. . . rent and possession of an apartment and finding entitlement to attorney’s fees pursuant to section 83.48 . . . been rendered may recover reasonable attorney fees and court costs from the non-prevailing party.” § 83.48 . . .

ATLANTIS ESTATE ACQUISITIONS, INC. v. DePIERRO, 125 So. 3d 889 (Fla. Dist. Ct. App. 2013)

. . . Section 83.48(9) defines “advance rent” as “moneys paid to the landlord to be applied to future rent . . .

FLORIDA HURRICANE PROTECTION AND AWNING, INC. v. PASTINA,, 43 So. 3d 893 (Fla. Dist. Ct. App. 2010)

. . . regard to particular types of contracts, the prevailing party [was] entitled to attorneys fees, Section 83.48 . . .

GACCIONE, v. L. DAMIANO LLC., 35 So. 3d 1008 (Fla. Dist. Ct. App. 2010)

. . . conclude that we lack jurisdiction to review the order denying attorney’s fees to Gaccione under section 83.48 . . . Section 83.48, which is part of the chapter dealing with landlord/tenant issues, is one of a handful . . . In my view, this order is interlocutory as to the claim for fees under section 83.48 because the fees . . . The decision by the trial court not to award attorney’s fees pursuant to section 83.48 is not reviewable . . . 518 (Fla. 5th DCA 1987), the very case on which the majority relies for the principle that section 83.48 . . . She claimed fees based on a provision in the sale agreement and pursuant to section 83.48, Florida Statutes . . . Because section 83.48, Florida Statutes, arguably treats fees as costs, Appellee contends that the order . . . Sutton, 970 So.2d 853, 854 (Fla. 3d DCA 2007) (litigant must plead for fees under section 83.48 even . . .

E. SCRUGGS, v. D. W. SUTTON,, 970 So. 2d 853 (Fla. Dist. Ct. App. 2007)

. . . For the eviction count, the Scruggs requested attorney’s fees under section 83.48, Florida Statutes ( . . . Sutton filed his motion for attorney’s fees asserting that he was the prevailing party under section 83.48 . . . granted Sutton’s motion for attorney’s fees finding that attorney’s fees are defined as costs in section 83.48 . . . He pointed out that under section 83.48, Florida Statutes, “the party in whose favor a judgment or decree . . . requested fees in his count for a resulting trust is insufficient to support an award of fees under section 83.48 . . .

LIBERTY LIFE ASSURANCE COMPANY OF BOSTON U. S. v. F. GILBERT, Jr. K. LLC, 507 F.3d 952 (6th Cir. 2007)

. . . judgment against Gilbert in the amount of $34,947.61, plus $1,260.00 in attorneys fees and costs of $ 83.48 . . .

J. RADOS, v. P. RADOS,, 791 So. 2d 1130 (Fla. Dist. Ct. App. 2001)

. . . Stat. (1999) (providing sanctions for raising unsupported claims or defenses); § 83.48, Fla.Stat. (1999 . . .

FLORIDA RS, INC. d b a v. H. NELSON,, 751 So. 2d 55 (Fla. Dist. Ct. App. 1998)

. . . The court awarded the fee on the basis of section 83.48 which authorizes fees to “the party in whose . . .

MELI INVESTMENT CORP. v. O. R., 621 So. 2d 676 (Fla. Dist. Ct. App. 1993)

. . . Tenants timely filed a motion for attorneys fees and costs, as provided for in sections 83.48 and 760.50 . . .

SWORTZ, v. SOUTHERN RAINBOW CORP., 603 So. 2d 107 (Fla. Dist. Ct. App. 1992)

. . . for a rehearing claiming that it was error for the court to award attorney’s fees pursuant to section 83.48 . . . the motion was untimely and the trial court lacked jurisdiction to impose the fee pursuant to section 83.48 . . .

BROWARD GARDENS ASSOCIATES, LTD. v. THOMPSON In, 50 Fla. Supp. 2d 131 (Broward Cty. Ct. 1991)

. . . to attorney’s fees and costs under Rule 1.420 of the Florida Rules of Civil Procedure and Section § 83.48 . . . applicability or non-applicability of the statute upon which she relies, namely, Florida Statute § 83.48 . . . That statute provides as follows: 83.48 Attorney’s Fees. . . . Therefore, the Court concludes that Florida Statute § 83.48 does not authorize recovery of attorney’s . . . Both of the County Court cases cited refer briefly to Florida Statutes § 83.48, noting that the statute . . .

METROPOLITAN DADE COUNTY v. HERNDON, 48 Fla. Supp. 2d 165 (Dade Cty. Ct. 1991)

. . . . § 83.48 Fla. Stat. Therefore this Court is required to enter a judgment for costs and fees. 5. . . .

MARLIN LIMITED PARTNERSHIP v. SHERMAN, 46 Fla. Supp. 2d 152 (Dade Cty. Ct. 1991)

. . . The Defendant is entitled to attorneys fees pursuant to Florida Statute 83.48. . . .

A. MILES, v. METROPOLITAN DADE COUNTY, A. MILES, v. METROPOLITAN DADE COUNTY,, 916 F.2d 1528 (11th Cir. 1990)

. . . . § 83.48 (West 1987). . . .

SWEZY v. RAMOS, 45 Fla. Supp. 2d 181 (Dade Cty. Ct. 1990)

. . . Section 83.48 Fla. . . .

METROPOLITAN DADE COUNTY, v. DANSEY, 43 Fla. Supp. 2d 169 (Dade Cty. Ct. 1990)

. . . Section 83.48 Fla. . . .

METROPOLITAN DADE COUNTY v. MALLOY, 39 Fla. Supp. 2d 18 (Fla. Cir. Ct. 1990)

. . . Metropolitan Dade County (Dade County), the trial court awarded Malloy attorney’s fees pursuant to Section 83.48 . . .

SOUTH FLORIDA I, LTD. v. ARNAU AND OTHERS IN POSSESSION, 38 Fla. Supp. 2d 166 (Dade Cty. Ct. 1990)

. . . Section 83.48 Fla. Stat. . . .

COMPLETE INTERIORS, INC. v. BEHAN,, 558 So. 2d 48 (Fla. Dist. Ct. App. 1990)

. . . and by analogy were not normally obtainable in landlord tenant cases prior to the adoption of Section 83.48 . . .

THE COLONY II ASSOCIATES, LTD. v. CROCKI In, 37 Fla. Supp. 2d 138 (Fla. Cty. Ct. 1989)

. . . buttressed by an examination of the statute upon which the Defendant relies, namely, Florida Statutes § 83.48 . . . party before that party may recover reasonable court costs or attorneys’ fees under Florida Statutes § 83.48 . . . Recovery of attorney’s fees under Florida Statutes § 83.48 is available only to a party in whose favor . . .

WILLIAMS v. MOORER ASPEN SQUARE MANAGEMENT, INC. d b a SANDLEWOOD APARTMENTS v. ELIAS, 39 Fla. Supp. 2d 167 (Fla. Cty. Ct. 1989)

. . . The tenants now seek an award of fees pursuant to § 83.48 Fla. . . . Three issues are presented: (1) whether under § 83.48 a tenant is a “party in whose favor a judgment . . . WHETHER UNDER § 83.48 A TENANT IS A “PARTY IN WHOSE FAVOR A JUDGMENT OR DECREE HAS BEEN RENDERED” WHERE . . . causes of action for eviction were resolved in favor of the tenants on the merits; therefore, under § 83.48 . . . The Legislature authorized the award of fees as part of costs under § 83.48. . . .

RUSSO v. MANFREDO, 35 Fla. Supp. 2d 23 (Fla. Cir. Ct. 1989)

. . . . § 83.48 (1987). Tenants have since vacated the property. . . .

G. CLARK, v. W. EDWARDS,, 725 F. Supp. 285 (M.D. La. 1988)

. . . Of 479,054 persons employed in technical, sales, and administrative support occupations, 399,897 (83.48 . . .

GILBERT, v. JABOUR,, 527 So. 2d 951 (Fla. Dist. Ct. App. 1988)

. . . Section 83.48 of the statute limits the recovery of attorney’s fees to the prevailing party in an action . . .

MASON v. WILLIAMS, 28 Fla. Supp. 2d 9 (Polk Cty. Ct. 1987)

. . . Plaintiff is liable to defendant for $300.00 attorney’s fees pursuant to § 83.48, for which let execution . . .

HUNTER S RUN, LTD. v HOELSCHER EHRHART, 34 Fla. Supp. 2d 148 (Orange Cty. Ct. 1987)

. . . PREVAILING PARTY Florida statute 83.48 permits, but does not require a court to award attorney fees to . . .

XANADU OF COCOA BEACH, INC. v. LENZ,, 504 So. 2d 518 (Fla. Dist. Ct. App. 1987)

. . . but discuss only the award of court costs which contains an item for attorney’s fees under section 83.48 . . . Section 83.48, Florida Statutes (1983), effective June 22, 1983, provides: Attorney’s fees. — In any . . . First, in this case the statute, section 83.48, Florida Statutes, provides for the attorney’s fees but . . . Section 83.48, Florida Statutes, which treats attorney’s fees as an item of court costs, became effective . . . Prior to the 1983 amendment, section 83.48, •Florida Statutes (1981) provided for an award of attorney . . .

DAVIS v. REDWOOD APARTMENTS, LTD. WILLIAMS v. REDWOOD APARTMENTS, LTD., 20 Fla. Supp. 2d 105 (Fla. Cir. Ct. 1986)

. . . appeals from orders of the trial Judge denying awards of attorneys fees, as provided for in Section 83.48 . . .

BENZ v. PULKKINEN, 17 Fla. Supp. 2d 127 (Monroe Cty. Ct. 1986)

. . . plaintiffs filed its post judgment motion seeking taxation of attorneys’ fees pursuant to Florida Statute 83.48 . . . which reads: “83.48 Attorney’s fees. — In any civil action brought to enforce the provisions of the . . . reasonable attorneys’ fees to the prevailing party under the landlord tenant provisions of Section 83.48 . . .

GOLDEN v. CIRCLE T. V. AND APPLIANCE, INC., 14 Fla. Supp. 2d 157 (Fla. Cir. Ct. 1985)

. . . to defendants’ place of business for repair and several days later retrieved it and paid defendants $83.48 . . .

FLORIDA PATIENT S COMPENSATION FUND, v. ROWE,, 472 So. 2d 1145 (Fla. 1985)

. . . See, e.g., § 713.29, Fla.Stat. (1983) (mechanics’ liens), and §§ 83.48 and 83.756, Fla.Stat. (1983) ( . . .

INVESTMENT INCOME REALTY, INC. v. BARKLEY, 9 Fla. Supp. 2d 51 (Fla. Cty. Ct. 1985)

. . . determine the amount of attorney’s fees to be awarded Defendant’s attorneys pursuant to Florida Statute 83.48 . . .

SHARICK, v. SAGER, 8 Fla. Supp. 2d 122 (Fla. Cir. Ct. 1984)

. . . (F.S. 83.48). . . . violation of F.S. 83.41 for failure to adequately exterminate and attorney’s fees pursuant to F.S. 83.48 . . . Given then that attorney’s fees should have been granted pursuant to F.S. 83.48, was it improper for . . . F.S. 83.48 states, “. . . the party in whose favor a judgment or decree has been rendered may recover . . . F.S. 83.48 (emphasis added) The express wording of the statute includes attorney’s fees as an item of . . .

MOORE, Jr. v. G. M. B. CORP. B. a d b a G. M. B. CORP. B. a d b a v. MOORE, Jr., 450 So. 2d 251 (Fla. Dist. Ct. App. 1984)

. . . attorney’s fees under the lease agreement between the parties [paragraph 12] and Sections 59.46(1), 83.48 . . .

MERUELO v. D. ROBINSON,, 426 So. 2d 1164 (Fla. Dist. Ct. App. 1983)

. . . tenants/appellees are the prevailing parties, they are entitled to a reasonable attorney’s fee, Section 83.48 . . .

LEWIS v. GUTHARTZ,, 428 So. 2d 222 (Fla. 1982)

. . . The trial court found that the Tenants were eligible for attorneys’ fees under sections 83.48 and 83.49 . . . Section 83.48 requires the litigation to be “with respect to the rental agreement.” . . . Section 83.48 is applicable only where a landlord under a rental agreement is entitled by its terms to . . . upon Restatement § 536 as well as the “torts” of “violation of a federal statute” and “restitution.” . 83.48 . . .

PETRULLI M. v. CASTELLANO, F., 412 So. 2d 432 (Fla. Dist. Ct. App. 1982)

. . . and by analogy were not normally obtainable in landlord tenant cases prior to the adoption of Section 83.48 . . .

GUTHARTZ, v. LEWIS,, 408 So. 2d 600 (Fla. Dist. Ct. App. 1981)

. . . Attorneys’ Fees The trial court awarded the tenants attorneys’ fees under the authority of Sections 83.48 . . . and 83.49(3)(c), Florida Statutes (1977), They provide; “§ 83.48 — Attorney’s Fees — If a rental agreement . . . First, with respect to Section 83.48, Gu-thartz admits that the rental agreements contain a clause “allowing . . . attorney’s fees to the landlord,” but argues that Section 83.48 is inapplicable, because the tenants . . . to the rental agreement,” we must agree that the attorneys’ fee award was not authorized by Section 83.48 . . .

v., 75 T.C. 497 (T.C. 1980)

. . . Cumulative track miles 1956 16.73 16.73 1957 63.41 80.14 1958 97.80 177.94 1959 143.02 320.96 1960 83.48 . . .

E. DOOLEY M. v. H. CULVER,, 392 So. 2d 575 (Fla. Dist. Ct. App. 1980)

. . . In the case of residential rentals, Section 83.48, Florida Statutes (1979) converts a provision which . . .

CENTRAL OF GEORGIA RAILWAY COMPANY v. THE UNITED STATES, 153 Ct. Cl. 28 (Ct. Cl. 1961)

. . . Amount Due 24457 _$29.32 24865 _ 19.78 37011 _135.74 29248 _ 23.75 40155 _ 83.48 292. 07 6. . . .

THE IMBERHORNE, 240 F. 830 (S.D. Ala. 1917)

. . . sum of. 27.84 John Olson, the sum of. 24.68 John Koskiner, the sum of. 22.44 Adolf Mul, the sum of. 83.48 . . .