Legal Question in Civil Litigation in Florida

Is Civil Law retroactive?
Does the amendment to 57.105 grant automatic legal fees to the prevailing atty.?
At the motion hearing for attorney's fees, The Judge suggested and granted a continuance because the attorney was not properly prepared. The Judge has order an additional 10 day peroid to research the ammended 57.105. Plaintiff states, because I already lost the original judgement, which is paid, I owe $2,700 atty's fees on a $320 judgement. I have been told that I was protected by 57.105. Because 57.105 has been amended and vague to time of application & justiciable issue, The judge has now left it up to me to research whether the 57.105 statute is still upheld by the original date of the motion or whether 57.105' grants attorney's fees regardless of justiciable issue. The plantiff attempted to prove a contract existed allowing for legal fees. The Judge found that no contract existed. The signature on the document submitted wasn't valid. However, The judge has already stated a justiciable issue and defense had been presented. In addition the opposing atty. submitted 18 hrs of fees to court at $150/hr. 6 hrs.have been ruled excessive by the Judge. Is attempt to overcharge cause for addt'l.litigation under 57.051-as stated?

Asked on 4/30/00, 3:16 pm

Randall Reder Randall O. Reder, P.A.

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Re: Is Civil Law retroactive?

As you can see, there is no simple answer. You've raised a lot

of questions. Even the judge was not sure. This

is why litigation is so expensive. It would take

several hours to research this and give you an informed

opinion. I would have to charge a minimum of $500

and even then it would just be my opinion.

Answered on 6/15/00, 9:22 pm

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