Quick Note: Order Denying Attorney’s Fees Reviewed De Novo

An order denying a motion for attorney’s fees is generally reviewed under a de novo standard of appellate review.  In a recent case I wrote about dealing with a coverage dispute between an insured and a property insurer, both the insured and insurer moved for attorney’s fees after the jury’s verdict.  

In this case, the insured moved for attorney’s fees pursuant to statute — Florida Statute s. 627.428.  The trial court denied the insured’s motion.  The insurer moved for attorney’s fees pursuant to a proposal for settlement / offer of judgment it served under Florida Statute s. 768.79.  The trial court denied the insurer’s motion too.  Both orders were appealed and reviewed by the appellate court under a de novo standard of appellate review.

 

Please contact David Adelstein at [email protected] or (954) 361-4720 if you have questions or would like more information regarding this article. You can follow David Adelstein on Twitter @DavidAdelstein1.