Wells v. Halmac Development, Inc.

Summary

The Florida Third District Court of Appeal reviewed a trial court judgment awarding appellate attorneys’ fees under Florida Rule of Appellate Procedure 9.400(c). The court held that prejudgment interest was required on the $36,000 attorneys’ fee award under section 57.105, Florida Statutes, accruing from the date entitlement to fees was established until the amount was determined. The court reversed and remanded for entry of a corrected judgment, with post-judgment interest accruing from December 10, 2014, and credit for amounts already paid.

Holdings

1. An appellate court may review on motion under Rule 9.400(c) a trial-court assessment of attorney fees on remand, even when the fee claim arises from section 57.105 rather than being governed exclusively by Rule 9.410.
2. Prejudgment interest was required as part of the Wellses' $36,000 attorney-fee award under section 57.105.
3. The prejudgment-interest amount merges into the final judgment and bears post-judgment interest under section 55.03 from December 10, 2014, until paid in full.

Questions Presented

1. Whether a trial-court order awarding appellate attorney fees on remand may be reviewed by motion under Florida Rule of Appellate Procedure 9.400(c) when the fee award arises from section 57.105 sanctions.
2. Whether prejudgment interest must be included in an attorney-fee award under section 57.105.
3. When prejudgment interest on the attorney-fee award begins to accrue and whether the prejudgment-interest amount itself bears post-judgment interest.

Disposition

reversed_and_remanded