Has someone brought a breach of contract case against you in Palm Beach? Has your business been involved in a commercial litigation dispute that was voluntarily dismissed? Even though the other side voluntarily dismissed the action against you, your commercial litigation law firm and company lawyerwill still expect to be paid for the time it spent preparing for your case in Miami. You may be able to get the other side to pay for your attorney’s fees according to this recent case fromFlorida’s 4th District Court of Appeal.
What is a “voluntary dismissal“?
- A voluntary dismissal is when the person who initially filed the contract lawsuit in court(the plaintiff) requests to withdraw or end the case.
- A voluntary dismissal may be made at the request of the plaintiff alone or by both the plaintiff and defendant together.
If the other side voluntarily dismissed our case, shouldn’t he pay for my attorney’s fees?
- Under Florida law, if the person who initially filed the commercial lawsuit against you voluntarily dismisses the lawsuit, you are considered the WINNER of the case. (In the law, the winner of a case is often referred to as the “prevailing party.”)
- If you win a business lawsuit in Fort Lauderdale because the other side voluntarily dismissed your case, a contract lawyer can help you determine if there is a Florida law that allows the winner in your case to request that the losing side pay for you attorney’s fees and costs.
- In Florida, you are required to pay for your own attorney’s fees, whether or not you win the contract lawsuit.
- However, if your commercial contract mentions specific legal terms, such as “prevailing party” and “attorney’s fees,” you should contact a commercial litigation law firm to help you prepare for your contract trial.
To read a free online copy of this case opinion and learn more about attorney’s fees under Florida law, click here:
http://www.4dca.org/opinions/Jan%202015/01-07-15/4D14-2359.op.pdf.