The 2023 Florida Statutes (including Special Session C)
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. . . On appeal, Long continues to argue the trial court should have awarded fees under section 641.28, Florida . . . Section 641.28 is limited to only those suits “brought to enforce.” . . .
. . . According to the information provided with Wachovia’s proofs of claim, the Debtors have 295 payments of $641.28 . . .
. . . . § 641.28 (recognizing that attorney’s fees are available to the prevailing party in a civil action . . .
. . . See §§ 641.28; 641.3917; 641.3105(1). . . . We note that section 641.28 implicitly recognizes that civil actions are available to enforce the terms . . .
. . . Section 641.28, Florida Statutes (2002), provides: Civil remedy.' — In any civil action brought to enforce . . .
. . . First, section 641.28. . . . Section 641.28 authorizes attorney fee awards specifically on a "health maintenance organization contract . . .
. . . In particular, they argue that under section 641.28, and the case law, there is an implied intent by . . . Section 641.28 provides: Civil remedy. . . .
. . . .” § 641.28, Fla.Stat. (1993). . . . There is therefore no prevailing party for purposes of an award of attorney’s fees under section 641.28 . . . The remaining question is whether section 641.28 defines costs to include attorney’s fees, so that attorney . . . Under section 641.28, Florida Statutes, costs are not defined so as to include attorney’s fees. . . . presuit correspondence the HMO made clear that it would seek attorney's fees under the HMO statute [§ 641.28 . . .
. . . favor of the plaintiff and therefore entitled the plaintiff to an award of attorney’s fees under § 641.28 . . .
. . . failed to provide certain medical benefits and asks for attorney fees under the provisions of F.S. 641.28 . . . which provides: “641.28 Civil Remedy. — In any civil action brought to enforce the terms and conditions . . . By assessing attorney fees against the losing party, F.S. 641.28 discourages groundless litigation and . . . Section XIV of the HMO contract which seeks to waive attorney fees is contrary to the provisions of F.S. 641.28 . . .
. . . . § 641.28, Fla.Stat. (1985). . . .
. . . We reverse the order under review because Sections 57.105 and 641.28, Florida Statutes (1985), the statutes . . .
. . . . $31,-641.28 on a real estate installment contract and that $5,040.21 was due in arrearage. . . .