Confession of Judgment does Not Start the Clock to File Motion for Attorney’s Fees

There are times a party rightfully moves to strike another party’s motion for attorney’s fees for being untimely. There are other times a party may try to create a “gotcha” moment to catch a party off guard to create a strategic argument that the motion for attorney’s fees was untimely. The latter is the scenario in the insurance coverage case discussed below. Florida Rule of Civil Procedure 1.525 provides: “Any party seeking a judgment taxing costs, attorneys' fees, or both shall serve a motion no later than 30 days after filing of the judgment, including a judgment of dismissal, or the service...

26 April

0 Comments

Sticky

Prevailing Party in Civil Action Entitled to Recover Costs

Posted by David Adelstein

in Trial Perspectives

A party prevailing in a civil action is entitled to recover their costs. Fla. Stat. s. 57.041(1) (“The party recovering judgment shall recover all his or her legal costs and charges which shall be included in the judgment….”). Florida Rule of Civil Procedure 1.525 provides that a “party seeking a judgment taxing costs…shall serve a motion no later than 30 days after filing of the judgment….”). Check out this article to understand the type of taxable costs a prevailing party in a civil action is entitled. A prevailing party’s counsel moving to recover legal costs does not need to verify the...