[Your Name] [Your Address] [City, State, Zip Code] [Email Address] [Phone Number] [Date] [Defendant's Name] [Defendant's Address] [City, State, Zip Code] Re: Response to Defendant's Motion for Attorneys Fees — Case No. [Case Number] Dear [Defendant's Name], I hope this letter finds you well. I am writing in response to your recent filing of a Motion for Attorneys Fees in the above-mentioned case. As the plaintiff in this matter, I would like to present my detailed response to your motion. I would like to highlight the following key points regarding your motion: 1. Insufficient Grounds: Upon thorough review of your motion, it is evident that you have failed to provide sufficient grounds to support your claim for attorneys fees. As per Florida law, attorneys fees can only be awarded to the prevailing party when authorized by a contract or statute. However, I contest your claim that such grounds exist in this case. 2. Absence of Contractual Provision: Despite your assertions, no contractual provision exists between the parties involved regarding the awarding of attorneys fees. As such, your claim lacks foundation and is unsubstantiated. 3. Lack of Statutory Basis: Florida statutes explicitly outline when attorneys fees may be awarded. However, after careful examination of these statutes, we find no provision that supports your request for attorneys fees. 4. Unreasonable Amounts Claimed: Additionally, the amount of attorneys fees you have requested appears to be excessive and unreasonable. I urge you to provide a detailed breakdown of the claimed costs and hours allocated by your legal team in order to assess the validity of your asserted fees. 5. Role of Comprehensive Discovery: It is crucial to emphasize that during the course of this litigation, comprehensive discovery was conducted by both parties. As a result, it is evident that the amount of work undertaken by your legal team cannot be justifiably attributed to the outcome of this case. In light of the aforementioned points, I respectfully request that the Court denies your Motion for Attorneys Fees. I would appreciate it if you provide any supplemental information or evidence, within the allotted time frame, to justify your claim. Should you fail to provide sufficient grounds, I will move for the dismissal of your motion. Thank you for your attention to this matter. I trust that this response addresses the concerns raised in your Motion for Attorneys Fees. If you have any further questions or require additional clarification, please do not hesitate to contact me. Sincerely, [Your Name] [Your Title/Position, if applicable] [Your Law Firm's Name, if applicable]
Florida Sample Letter for Plaintiff's Response to Defendant's Motion for Attorneys Fees
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How to fill out Florida Sample Letter For Plaintiff's Response To Defendant's Motion For Attorneys Fees?
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FAQ
YES. After voluntary dismissal by Plaintiff the trial court does have jurisdiction to award attorney's fees where the fees are authorized by statute or a contract between the parties.
In Florida, attorney's fees are generally recoverable by the winning party if they are allowed by agreement such as in a written contract or by law in a statute. This protocol is commonly called the American Rule because it modified its cousin, the English Rule, which awarded fees to the winner in all civil cases.
Section 57.105 - Attorney's fee; sanctions for raising unsupported claims or defenses; exceptions; service of motions; damages for delay of litigation (1) Upon the court's initiative or motion of any party, the court shall award a reasonable attorney's fee, including prejudgment interest, to be paid to the prevailing ...
In Florida, a party to a lawsuit is generally only entitled to recover attorney's fees if the contract or statute, under which the suit is brought, provides for the recovery of attorney's fees.
Fees awarded by the court In some cases, a client may receive an award of attorney's fees as part of the client's recovery. This is an amount that will be owed by the opposing party to the client. The amount awarded by the court may be more or less than the amount that you already have agreed to pay your attorney.
The strongest and best evidence of an attorney's market rate is the hourly rate he/she charges clients, and the ?reasonably hourly rate is the prevailing market rate in the relevant legal community for similar services by lawyers of reasonably comparable skills, experience, and reputation.? Id. (quoting Norman v. Hous.
In Florida, attorney's fees are generally recoverable by the winning party if they are allowed by agreement such as in a written contract or by law in a statute. This protocol is commonly called the American Rule because it modified its cousin, the English Rule, which awarded fees to the winner in all civil cases.
