Dina Hess v. Sutton Specialty Insurance Company

Summary

The United States District Court for the Middle District of Florida denied Dina Hess’s request for attorney’s fees and prejudgment statutory interest after confirming an arbitration award in her insurance dispute with Sutton Specialty Insurance Company. The Court held that the Florida attorney-fee statute for surplus lines insurers had been repealed before the action was filed and that the statutory interest provision did not apply absent a contractual basis or bad-faith claim. The Court allowed taxable costs under Federal Rule of Civil Procedure 54(d) and post-judgment interest under federal law.

Holdings

1. Hess was not entitled to attorney's fees under section 626.9373 because the Florida Legislature repealed the statute effective March 24, 2023, and the repeal applies to causes of action filed after that date; Hess filed her complaint on May 9, 2024.
2. Hess, as the prevailing party, was entitled to taxable costs under Federal Rule of Civil Procedure 54(d), and she could submit a proposed Bill of Costs for taxation by the Clerk.
3. Hess was not entitled to prejudgment statutory interest under Florida Statutes section 627.70131(7)(a).
4. A federal judgment confirming an arbitration award is entitled to statutory post-judgment interest under 28 U.S.C. section 1961, and Hess's motion was granted to the extent an amount remained unpaid.

Questions Presented

1. Whether Hess was entitled to attorney's fees under former Florida Statutes section 626.9373 when she filed suit after the statute's repeal.
2. Whether Hess was entitled to taxable costs under Florida Statutes section 57.041 or Federal Rule of Civil Procedure 54(d).
3. Whether Hess was entitled to prejudgment statutory interest under Florida Statutes section 627.70131(7)(a).
4. Whether a federal judgment confirming an arbitration award bears post-judgment interest under 28 U.S.C. section 1961.

Disposition

other