Broward Florida Motion to Compel and For Attorney's Fees and Expenses

State:
Multi-State
County:
Broward
Control #:
US-MOT-01420
Format:
Word; 
Rich Text
Instant download

Description

This form is a Motion to Compel and for Attorney's Fees and Expenses. Plaintiff requests that the court compel the defendant to respond to certain interrogatories and produce certain documents for review. The plaintiff also demands that the court compel defendant to pay all attorney's fees and expenses. The form also contains a Certificate of Service.
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FAQ

Civ. P. 11(c)(2). Because a party proceeding pro se cannot have incurred attorney's fees as an expense, a district court cannot order a violating party to pay a pro se litigant a reasonable attorney's fee as part of a sanction.

In the ordinary sense, attorney's fees represent the reasonable compensation paid to a lawyer by his client for the legal services he has rendered to the latter; while in its extraordinary concept, they may be awarded by the court as indemnity for damages to be paid by the losing party to the prevailing party.

Simply put, attorney's fees are not available in Florida unless expressly allowed by contract or statute. Price v. Tyler, 890 So.

The Fee Arbitration Program is an informal, free service provided by The Florida Bar to resolve fee disputes between attorneys and clients and between attorneys. The arbitration process may be initiated by either the client or the attorney and may be used instead of a lawsuit to settle a fee dispute.

Can You Sue for Attorney Fees? In Florida, you can sue for attorney fees in certain situations. There are certain laws that allow a party suing for a violation of the law to recover their attorney fees from the violating party.

Throughout the entire state of Florida a Motion to Compel is pretty much the same. After the motion is filed the person trying to enforce the disclosure schedules a short hearing and asks the judge to enforce the issue.

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.

The general rule in Florida is that the recovery of prevailing party attorneys' fees is available through contract or statute. In contract disputes, the subject contract may have a prevailing party attorneys' fee provision.

A party may move to compel if a deponent fails to answer a question, a corporation or other entity fails to designate a party to testify, a party fails to answer an interrogatory, or if a party in response to a request for inspection fails to respond that inspection will be permitted as requested or fails to permit

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Broward Florida Motion to Compel and For Attorney's Fees and Expenses