Award of Attorney fees Case

By Anonymous -

Diamond Aircraft Industries, Inc., v. Alan Horowitch, 38 Fla. L. Weekly S17a, Case No. SC11-1371, filed January 10, 2012. Florida Supreme Court certified questions of Florida Law to the U.S. Court of Appeals (11th Circuit) as follows:
1. A prevailing defendant is entitled to an award of attorney fees for the time spent defending a FDUTPA Claim pursuant to Section 501.2105.
2. An award of attorney fees pursuant to 768.79 is not permitted when the offer of judgment includes the settlement of equitable claims, even if such claims lack merit.
3. An award of attorney fees pursuant to 768.79 and Rule 1.442 where the Plaintiff has demanded attorney fees but the offer of judgment fails to specify when attorney's fees are included. (RPPTL Subcommittee) 
Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
1211 N Franklin St
Tampa, FL 33602

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