Christyane Whitson v. Advocate 3413, LLC

Summary

In a partition action, Florida Statute § 64.081 does not operate as a prevailing-party fee provision; instead, each party must pay a share of attorney’s fees commensurate with services that benefit the partition, apportioned equitably in proportion to ownership interests. The court held that this standard governs appellate attorney’s fees as well, and remanded for the trial court to determine entitlement and equitably apportion fees without considering which party prevailed on appeal. Fees may be denied only if the appeal is frivolous.

Holdings

1. Section 64.081 is not a prevailing party statute; each party must pay a share of the attorney's fees to the plaintiff's or defendant's attorney commensurate with services rendered of benefit to the partition, determined on equitable principles in proportion to the party's interest. A party's attorney fees may be denied only if the pleadings are frivolous and thus not of benefit.

Questions Presented

1. Whether either party is entitled to appellate attorney's fees under section 64.081, Florida Statutes, in a partition action.
2. How such fees should be apportioned and determined on remand.

Disposition

affirmed