Ever signed a contract thinking you’d never have to pay the other side’s legal fees? In Florida, a single clause can change everything. Prevailing party clauses are powerful tools that decide who foots the bill for attorney fees after a civil lawsuit. If your contract includes this provision, the winner of the dispute—whether plaintiff or defendant—may recover their legal costs from the loser. But the devil is in the details: the exact language of your contract and the outcome of the case are what courts scrutinize.
Florida Statute § 57.105 and § 768.79, along with Rule of Civil Procedure 1.525, set the legal framework for fee awards. These laws require strict compliance with deadlines for filing fee motions, often within 30 days after a final judgment. Missing this window can mean forfeiting your right to recover fees, no matter how strong your case. Courts also look at who truly ‘prevailed’—not just who filed first or who settled, but who achieved their main litigation goal. Many parties misunderstand this, leading to costly surprises.
Real litigation scenarios show that failing to review contract language or missing procedural deadlines can cost thousands. If you’re negotiating, litigating, or settling a contract dispute, review your fee provisions and act fast. Our firm helps you understand your rights, avoid common mistakes, and protect your financial interests under Florida law.
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Disclaimer: This content is for informational purposes only and does not constitute legal advice, and laws and legal interpretations may change after the date of publication.
Written by:
Gil Sánchez, Esq.
CEO | Civil Trial Attorney
Black Rock Trial Lawyers
Abogados Law
