Wilfredo A. Diaz v. RAM Investments of South Florida, Inc.
The Third DCA reversed the portions of a final judgment that denied the prevailing defendant his contractual attorney's fees and statutory costs. Because Diaz prevailed in the underlying action brought on a non-competition contract containing a prevailing-party fee provision, he was entitled to fees under the contract and to costs under section 57.041(1), and the court remanded for determination of the amounts.
Key facts
- RAM Investments of South Florida, Inc. sued Wilfredo A. Diaz in a single-count complaint seeking an injunction to enforce a non-competition agreement that contained a prevailing-party attorney's fees provision.
- The trial court denied RAM's motion for a temporary injunction (affirmed on a prior appeal) and ultimately entered final judgment in Diaz's favor.
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Holdings
- A defendant who prevails in litigation brought on a contract containing a prevailing-party attorney's fees provision is entitled to recover attorney's fees as the prevailing party.
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Why it matters
The opinion confirms that a prevailing defendant in a contract enforcement action is entitled to contractual prevailing-party attorney's fees and statutory costs, even where the plaintiff sought only injunctive relief… — full analysis with a trial
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