Florida Motion to Accept the Report of Special Master For a Settlement Conference and Payment and Disbursement of Fees

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US-MOT-01402
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  • Preview Motion to Accept the Report of Special Master For a Settlement Conference and Payment and Disbursement of Fees
  • Preview Motion to Accept the Report of Special Master For a Settlement Conference and Payment and Disbursement of Fees

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FAQ

The role of the special master (who is frequently, but not necessarily, an attorney) is to supervise those falling under the order of the court to make sure that the court order is being followed, and to report on the activities of the entity being supervised in a timely matter to the judge or the judge's designated ...

Civil Practice and Procedure § 57.105. Attorney's fee; sanctions for raising unsupported claims or defenses; exceptions; service of motions; damages for delay of litigation. (b) Would not be supported by the application of then-existing law to those material facts.

Florida Rule of Civil Procedure 1.525 states that ?any party seeking a judgment taxing costs, attorneys' fees, or both shall serve a motion no later than 30 days after filing of the judgment, including a judgment of dismissal, or the service of a notice of voluntary dismissal.?

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.

A party can only provide its notice of acceptance of a proposal for settlement through the delivery of a written notice to the opposing party and local court. Notice of acceptance must occur within 30 days after the initial service of the proposal for settlement.

1.525. Any party seeking a judgment taxing costs, attorneys' fees, or both shall serve a motion no later than 30 days after filing of the judgment, including a judgment of dismissal, or the service of a notice of voluntary dismissal, which judgment or notice concludes the action as to that party.

Ingly, the rule authorizes the court, if requested in a motion and if so warranted, to award attorney's fees to another party.

(c) Notice. Reasonable notice shall be given for a case management conference, and 20 days' notice shall be given for a pretrial conference. On failure of a party to attend a conference, the court may dismiss the action, strike the pleadings, limit proof or witnesses, or take any other appropriate action.

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Florida Motion to Accept the Report of Special Master For a Settlement Conference and Payment and Disbursement of Fees