Licensing Complaint and Attorney’s Fees DOAH Opinion

“Frank Cleaton, P. E. v. Florida Board of Professional Engineers, DOAH Case No 12-3640F: In an extensive (51 pages) Final Order dated April 24, 2013, attorney fees and costs sought pursuant to s. 57.111, F. S. (2012) were denied. Although the licensee was found to be a “small business” and the “prevailing party” in an…

Roofing Contractor and Attorney’s Fees Case

“Mike Cobb v. David Durando and Jane Durando, husband and wife,38 Fla. L. Weekly D847a, Case No. 2D12-1991, issued April 17, 2013: After prevailing in a bench trial against their roofing contractor for breach of contract, the homeowners sought attorney fees pursuant to section 768.79 based on a single demand for judgment. The award of…

Attorney’s Fees and Arbitration

Jay Raubvogel, et. al., v. Credit Suisse Securities, 38 Fla.L. Weekly, Case No. 4D12-259, issued February 20, 2013: The trial court’s finding that the prevailing parties had waived the right to have the court determine attorney’s fees was reversed in the absence of any such express waiver, not merely implied by a request for fees…

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