Nazarova v. Nayfeld
The Third District reversed the portion of a fee judgment that awarded "fees for fees" — time spent litigating the amount of attorney's fees — in a landlord-tenant case. Applying State Farm Fire & Casualty Co. v. Palma, the court held that a lease provision allowing the prevailing party in "any lawsuit brought to enforce the Lease or under applicable law" to recover reasonable costs and attorney's fees was not broad enough to fall within the contractual exception permitting fees for litigating the fee amount.
Key facts
- Landlord-tenant dispute where tenant Nazarova was ordered to pay landlord Nayfeld's attorney's fees under a lease provision allowing the prevailing party to recover reasonable costs and attorney's fees for any lawsuit brought to enforce the lease or under applicable law.
- The trial court awarded fees for time spent litigating the amount of the attorney's fees themselves ('fees for fees').
- +2 more key facts with a free trial
Why it matters
The opinion gives practitioners a concrete benchmark for when contractual fee language crosses the line into authorizing "fees for fees," contrasting an enforcement-focused clause (insufficient) with the "any… — full analysis with a trial
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