The 2023 Florida Statutes (including Special Session C)
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. . . Versapanel-Plastering, Inc., 97 So.3d 937, 940 (Fla. 5th DCA 2012) (“Under [section 627.428 and section 627.756 . . .
. . . Tilbury also relies principally on the application of Sections 627.428 and 627.756, neither of which . . .
. . . decision, the trial court found that Baylor was entitled to recover attorney’s fees pursuant to sections 627.756 . . . Baylor then filed a motion with the circuit court to recover attorney’s fees under sections 627.756 and . . . By contrast, sections 627.756 and 627.428 apply generally to actions brought against an insurance company . . . or a bonding company: § 627.756 (1) Section 627.428 applies to suits brought by owners, subcontractors . . . (By contrast, sections 627.756 and 627.428 would appear to control if the payment bond was a common law . . .
. . . . § 627.756(2). . . .
. . . , 604 So.2d 807 (Fla.1992), applied to an award of attorney’s fees pursuant to sections 627.428 and 627.756 . . . Section 627.428(1), made applicable to performance bonds written by a surety insurer by section 627.756 . . .
. . . bonded contract.” 8 Florida Practice Series, Construction Law Manual § 10:3 (2009-2010); see also § 627.756 . . . bonded contract.” 8 Florida Practice Series, Construction Law Manual § 10:3 (2009-2010); see also § 627.756 . . .
. . . Under section 627.756, Florida Statutes, the provisions of section 627.428 apply to lawsuits by subcontractors . . .
. . . Specifically, Dadeland refers to section 627.756 of the Florida Statutes, which governs attorney fees . . . See § 627.756, Fla. Stat. (1999). . . . Section 627.756 provides that the general provision with regard to attorney fees in prevailing actions . . . that “[ojwners ... shall be deemed to be insureds or beneficiaries for purposes of this section.” § 627.756 . . . We conclude that the Legislature’s intent in enacting section 627.756 was to not only identify obligees . . .
. . . allows for an award of attorney’s fees upon rendition of a judgment against any insurer, and section 627.756 . . . In holding that the term “suit” in section 627.756 should be construed to include arbitration proceedings . . .
. . . That statute does not expressly authorize the use of a multiplier nor does section 627.756, Florida Statutes . . . enhance an award of attorney’s fees granted under fee shifting statutes such as sections 627.428 and 627.756 . . .
. . . See §§ 627.428 and 627.756, Fla. Stat. (2001). . . .
. . . . § 627.428 and 627.756 to recover the attorneys’ fees ... incurred in the litigation of this matter. . . .
. . . issued by F & D, it is entitled to attorney’s fees against F & D, pursuant to Florida Statutes, Sections 627.756 . . .
. . . 604 So.2d 807 (Fla.1992), APPLY TO AN AWARD OF ATTORNEY’S FEES MADE PURSUANT TO SECTIONS 627.428 AND 627.756 . . . bonds written by a surety insurer to indemnify against losses associated with construction projects, § 627.756 . . .
. . . Because an award of fees under sections 627.428 and 627.756 would relieve Quality of its $29,000.00 obligation . . .
. . . See §§ 627.428, 627.756, Fla.Stat. (1989) (authorizing an award of attorney’s fees to a subcontractor . . . standard of Moritz does not apply to an award of attorney’s fees made pursuant to sections 627.428 and 627.756 . . . insurer ... to indemnify against pecuniary loss by breach of a building or construction project.” § 627.756 . . . Thus, under sections 627.-428 and 627.756, a subcontractor who prevails in arbitration proceedings against . . . 604 So.2d 807 (Fla.1992), APPLY TO AN AWARD OF ATTORNEY’S FEES MADE PURSUANT TO SECTIONS 627.-428 AND 627.756 . . .
. . . trial court’s holding that it is not entitled to an award of attorney fees under sections 627.428 and 627.756 . . . As part of its claim, appellant sought attorney fees under sections 627.428 and 627.756, Florida Statutes . . . Section 627.756 provides: Section 627.428 applies to suits brought by owners, subcontractors, laborers . . . In order to properly construe section 627.756, we must first look to the development of the mechanics . . . Under section 627.756, attorney fees are payable in successful suits “brought by owners, subcontractors . . .
. . . he was entitled to attorney’s fees pursuant to section 627.428, Florida Statutes (1990), and section 627.756 . . . Balboa Insurance Co., 408 So.2d 1044 (Fla.1982), noted that section 627.756 specifically fails to mention . . . The court wrote: Prior to 1977, section 627.756 contained two subsections. . . . Co., 524 So.2d 722, 724 (Fla. 3d DCA 1988)] The Fitzgerald Court held that read together, sections 627.756 . . . Section 627.756, Florida Statutes provides: Section 627.428 applies to suits brought by owners, subcontractors . . .
. . . insurance disputes relative to certain provisions of the Insurance Code, such as sections 627.428 and 627.756 . . . However, as the trial court found, section 713.29 cannot be compared with sections 627.428 and 627.756 . . .
. . . See § 627.756, Fla.Stat. (1987). . See § 627.736(8), Fla.Stat. (1987). . . .
. . . all three cases, the respondents sought an award of attorney’s fees pursuant to sections 627.428 and 627.756 . . . upheld by the Fifth District Court of Appeal which held “attorney’s fees awarded pursuant to section 627.756 . . . cases, the Second District Court of Appeal reversed the trial court, holding that “sections 627.428 and 627.756 . . . DO THE ATTORNEY’S FEES RECOVERABLE UNDER SECTION 627.428 [AND 627.756, FLORIDA STATUTES (1987) ] INCLUDE . . . Sections 627.428(1) and 627.756 provide, in pertinent part: 627.428 Attorney’s fee.— (1) Upon the rendition . . .
. . . Pursuant to the statutory payment bond and §§ 627.428 and 627.756, Fla.Stat., Plaintiff asserts its entitlement . . .
. . . . §§ 627.428 and 627.756. . . .
. . . We held that sections 627.428 and 627.756, Florida Statutes (1987), authorize an award of attorney’s . . .
. . . for an award of attorney’s fees against FIC on the performance bond pursuant to sections 627.428 and 627.756 . . . Section 627.756 provides: Section 627.428 applies to suits brought by owners, subcontractors, laborers . . . (2) Do sections 627.428 and 627.756 authorize an award of attorney’s fees against the surety insurer . . . In Glen Johnson we did not address the question of whether sections 627.428 and 627.756 authorize an . . . In addition, it is clear that section 627.756 is intended to implement the policy underlying section . . .
. . . Acousti’s motion, the trial court entered an order awarding Acousti attorney’s fees pursuant to sections 627.756 . . . See §§ 627.756, 627.-428, Fla.Stat. (1987). . . . This contention is devoid of merit because attorney’s fees awarded pursuant to section 627.756 are not . . .
. . . Appellees request for attorney fees for costs incurred on this appeal based on Section 627.756 Florida . . . Statutes (1987) is granted in that Section 627.756 states Section 627.428 applies to suits brought by . . .
. . . It argues, however, that sections 627.756 and 627.428, when read together, authorize the award of attorney . . . Attorney fees are authorized by sections 627.428 and 627.756 “upon the rendition of a judgment ... against . . . An insured under a performance or payment bond is also entitled, under section 627.756, to attorney fees . . . uninsured motorist coverage, in which the courts have awarded attorney fees and costs, noting that section 627.756 . . .
. . . was entitled to an award of attorney’s fees and costs under the provisions of sections 627.428 and 627.756 . . . contractor and its surety is an action against the bond, and will be governed by the provisions of section 627.756 . . . When read together, sections 627.756 and 627.428 specifically provide for attorney’s fees in construction . . .
. . . prevailing party provision under section 713.29, but the insurance provisions under sections 627.428 and 627.756 . . . Section 627.756 provides that 627.428 applies to suits brought by owners, subcontractors, laborers, and . . . Shores’ claim to attorney’s fees under sections 627.428 and 627.756 cannot be defeated by the trial court . . . The right to attorney’s fees under sections 627.428 and 627.756 is considered a substantive right because . . . Section 627.756 had previously placed a 12'A per cent limitation on the amount of attorney’s fees recoverable . . .
. . . .2d 1044 (Fla.1982), and there is no other basis for recovery against the surety, see §§ 627.728(1), 627.756 . . .
. . . year from the performance of the labor or completion of delivery of the materials or supplies. and § 627.756 . . . , Fla.Stat. (1983), provides: 627.756 Bonds for construction contracts; attorney fees in case of suit . . .
. . . Section 627.756(2)). . . .
. . . Section 627.756 (formerly 627.0905), Florida Statutes (1983), extends the application of section 627.428 . . . Section 627.756 originally contained a qualifying provision limiting attorney’s fees to not more than . . .
. . . Section 627.756 (formerly 627.0905), Florida Statutes (1983), extends the application of section 627.428 . . . Section 627.756 originally contained a qualifying provision limiting attorney’s fees to not more than . . . Sections 627.428 and 627.756, Florida Statutes (1983), which bestow a right of attorney’s fees, are understandably . . . Accordingly, the legislative amendment of section 627.756, Florida Statutes (1983), which repealed the . . . 1,1982, the trial court was correct in limiting appellant’s recovery of attorney’s fees under section 627.756 . . .
. . . mechanic’s lien foreclosure action, challenges the amount awarded as attorney’s fees pursuant to Section 627.756 . . . attorney’s fees limited to twelve and one-half percent (1272%) of the judgment pursuant to Section 627.756 . . . Appellant, however, previously had the substantive right to recover attorney fees, Section 627.756, Florida . . . LETTS and GLICKSTEIN, JJ., concur. . 627.756 Bonds for construction contracts; attorney fees in case . . . and materialmen shall be deemed to be insureds or beneficiaries for the purposes of this section. § 627.756 . . .
. . . Section 627.756, Florida Statutes (1981), provides for an award of attorney’s fees in suits by materialmen . . . Sections 627.756 and 627.428(1), Florida Statutes (1981). . . .
. . . Prior to 1977 section 627.756 contained two subsections. . . . In Snead the court faced a similar factual situation and applied section 627.756. . . . Sections 627.428 and 627.756 are within the. insurance code, and Section 627.756 deals specifically with . . . Thus, Section 627.756(2) should control the attorney’s fees. . . . As noted earlier, § 627.756(2) is the predecessor of current § 627.756. . . .
. . . with directions to reconsider the allowance of attorney fees to appellee in conformity with section 627.756 . . . COWART, J., dissents with opinion. . § 713.23, Fla.Stat. (1977). . § 627.756(2), Fla.Stat. (1977). . . . However, I do not agree with the result because I believe the application of section 627.756, Florida . . . excess of 12.5 percent of the recovery under the bond because this limitation is contained in section 627.756 . . . To avoid this constitutional problem I would hold section 627.756 inapplicable and would read section . . .
. . . trial court awarded an attorney fee in this case without regard to the limitation prescribed by section 627.756 . . . The Fourth District now holds that section 627.756 prevails over section 713.29 in regard to the computation . . . In regard to the instant point on appeal, section 627.756(2), Florida Statutes (1977), deals with a “ . . . with directions to reconsider the allowance of attorney fees to Superior in conformity with section 627.756 . . .
. . . on the sub-contract as well as the theory of indemnity, and also contend that Sections 627.428 and 627.756 . . . Section 627.756(2), Florida Statutes (1973) provided: Section 627.428 (attorney fee) shall also apply . . .
. . . that the amount of attorneys’ fees award to AIA, Hamilton and Meekins is erroneous because Section 627.756 . . . Thus, Section 627.756(2) should control the attorney’s fees. . . . Langerman, 369 So.2d 591 (Fla. 1st DCA 1978), the First District Court of Appeal held Section 627.756 . . . On the record in this case it seems to us that Section 627.756(2) should control the allowance of attorneys . . . and Goldman and reconsider the allowance of attorneys’ fees to said subcontractors applying Section 627.756 . . .
. . . . § 627.756. . . . . § 627.756 provides no authority for the award of attorneys’ fees under the Miller Act bond issued by . . . Fla.Stats. § 627.756. . . . Fla.Stats. § 627.756 provides: Section 627.428 (attorney fee) shall also apply as to suits brought by . . .
. . . Section 627.756(2) of the Florida Statutes provides for attorneys fees of not more than twelve and one-half . . . Section 627.756(2) offers a limited remedy to plaintiffs whose contractual rights do not include the . . .
. . . The question presented is whether section 627.756, Florida Statutes (1977), limits an award of attorney . . . Section 627.756(2), applies only to suits against a surety insurer. . . .
. . . law, the absence of such a final judgment precludes the award of attorneys fees herein under Sections 627.756 . . .
. . . misapprehension of the evidence; that the trial court erred in awarding attorney’s fees contrary to Sec. 627.756 . . . limiting the award of fees to twelve and one-half per cent of the judgment in accordance with Section 627.756 . . . COBB and SHARP, JJ., concur. . § 627.756(2): “Section 627.428 (attorney fee) shall also apply as to suits . . .
. . . Section 627.756(2), Fla.Stat. (1977), permits an award of attorney’s fees of not more than 12V2% of the . . .
. . . In our opinion the attorney’s fees allowed should be assessed pursuant to Section 627.756(2), Fla. . . .
. . . The authority for an award of an attorney’s fee in the instant case is found in § 627.756, Fla.Stat. . . .
. . . Appellants contend that attorney’s fees should have been assessed according to Sections 627.756 and 627.428 . . . We agree with appellants that Section 627.756(2) is applicable. . . . Sections 627.428 and 627.756 are within the insurance code, and Section 627.756 deals specifically with . . . that claimant could sue on the bond “for all sums justly due . . .’’is not inconsistent with Section 627.756 . . . Nor is Section 627.756(2) inconsistent with the general rule that the mechanic’s lien law is to be liberally . . .
. . . . (§ 627.0905(2) is the predecessor of § 627.756 cited by Defendant.) . . .
. . . Under the facts of this case, the only basis we can discern for this fee is Section 627.756, F. . . .