The Burton Family Partnership v. Luani Plaza, Inc.
The Third District affirmed an award of "fees on fees" to a common-interest community association where the By-Laws expressly authorized recovery of fees incurred litigating the amount of fees, but reversed the award of prejudgment interest on those fees calculated from the date of the original judgment. The court held the date of loss for prejudgment interest on fees-on-fees was the entry of the amended final judgment, which first fixed entitlement to that category of fees.
Key facts
- The Burton Family Partnership sued Luani Plaza, Inc., a common-interest community association, in a dispute involving assessment fees and the association's By-Laws.
- The trial court awarded the association not only attorney's fees but also 'fees on fees' for costs incurred litigating the amount of fees, calculating prejudgment interest on those fees-on-fees from the date of the original judgment.
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Why it matters
The opinion gives practitioners a clean, citable rule for two recurring fee-litigation issues: when contractual language supports 'fees on fees,' and when prejudgment interest on fees begins to run. Drafters of… — full analysis with a trial
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