LAKELAND, Fla. (Legal Newsline) – Attorneys representing a Florida man who sued under the state’s Deceptive and Unfair Trade Practices Act seem to have worked for free, having lost their bid for fees after settling their client’s case.
The Sarasota firms Sanchez Law and Bentley and Bruning were on the losing end of a Jan. 6 ruling from the Second District Court of Appeal, which ruled the DUTPA doesn’t provide for attorneys fees unless there is a judgment.
Instead, Judge Edward LaRose wrote, their argument that they actually prevailed by obtaining a $9,000 settlement held no merit.
“Under the statute’s plain and obvious meaning, it is only after entry of a judgment in the trial court that the prevailing party may be entitled to attorneys fees,” LaRose wrote.
“Mr. (James) Money did not obtain a judgment. Pursuant to the parties’ agreement, he voluntarily dismissed his lawsuit. Therefore, Mr. Money is not entitled to attorneys fees under FDUPTA.”
Money and his lawyers sued Home Performance Alliance and Time Investment Company over the allegedly defective installation of doors and windows in his home and an alleged bait-and-switch credit agreement that financed the project.
After the sides agreed on a $9,000 settlement, Money voluntarily dismissed his lawsuit with prejudice. The settlement did not include attorneys fees or court costs.