Legal Question in Civil Litigation in Florida

I am planning to file a civil law suit pro se in the 12th Judicial Circuit (Sarasota, FL). In my complaint I am asking for $200,000 on the following counts: Count I - Fraud, Count II - Conversion, Count III - Unjust Enrichment and Count IV - Breach of Oral Contract. My questions are:

1) If I sue and lose, can the defandant ask and be awarded his legal fees?

2) In the likely event the defendant does enter a counter complaint involving multiple counts and wins only one count, can he be awarded all of his attorney fees or just for the time spent on the count(s) he won?

3) If I sue and during the discovery process (Request for Documents & Things, Interrogatories, Admissions, etc.) I decide to drop the suit. Can the defendant ask and be awarded his legal fees even though a ruling was never entered on the complaint?

Thanks in advance for your time.

Sincerest regards


Asked on 3/03/10, 9:09 am

2 Answers from Attorneys
David Slater David P. Slater, Esq.

1. yes

2. probably just on the successful count

3. doubt it.

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Answered on 3/08/10, 9:36 am
Lesly Longa Longa Law P.A.

1. Yes

2. Maybe - depends on how the judge rules.

3. Defendant can ask for attorney's fees. The court will decide if he should get them.

Good luck!

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Answered on 3/08/10, 9:48 am


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