When someone is hurt on another person’s property and files a lawsuit, the case can turn on questions that have little to do with the injury itself. Before a jury ever hears the story, a judge may decide whether the evidence is strong enough for the case to move forward at all. And after a defendant wins, a separate fight can break out over who pays the legal costs and fees.
These procedural questions matter to injured people and to property owners alike. The rules about summary judgment, settlement offers, and cost-shifting can shape how a case ends and what it costs the losing side.
A recent decision from Florida’s Fifth District Court of Appeal, Puett v. Florida Oranges, LLC, addressed several of these issues at once in a consolidated appeal arising from a single premises-liability claim.
Key Takeaway
Under Florida law, a party that recovers a judgment is entitled to its lawful costs, and a trial court has no discretion to deny them — even though attorney’s fees are governed by different rules.
The court addressed three separate questions:
- Were the summary judgments for the property-related defendants proper?
- Was the denial of attorney’s fees correct?
- Was the denial of litigation costs correct?
What was the case about?
The lawsuit was a premises-liability claim connected to a venue, the Howey Mansion, and a related business, Blush by Brandee Gaar, LLC. The plaintiff sued after an incident on the premises.
The trial court granted summary judgment for both Howey Mansion and Blush, meaning it decided those defendants should win without a full trial. The court then denied Howey Mansion’s request for attorney’s fees and costs. Each of those rulings was appealed and consolidated into one case.
Why did the summary judgments stand?
Summary judgment is a way for a court to resolve a case before trial when the evidence points so strongly in one direction that a trial is not needed. The appellate court agreed that the evidence here was one-sided enough that the defendants were entitled to win as a matter of law.
Because of that, the Fifth District affirmed the summary judgments for both Howey Mansion and Blush.
Why were attorney’s fees denied?
Howey Mansion had sought attorney’s fees based on a joint proposal of settlement it made together with another party, Florida Oranges. In Florida, a settlement proposal that offers to resolve a case can, in some situations, allow the offering party to later recover fees.
The appellate court agreed the fees were properly denied here for two reasons: only one of the joint offerors actually obtained a judgment, and the joint proposal required the plaintiff to settle with both offerors together. Those features defeated the fee request.
Fees versus costs
Attorney’s fees and litigation costs are governed by different rules. Fees often depend on a contract, statute, or a valid settlement proposal. Costs, by contrast, follow a separate statutory path for the party that wins a judgment.
Why were costs treated differently?
The one ruling the appellate court reversed involved costs. Under section 57.041(1), Florida Statutes, the party recovering judgment recovers its legal costs and charges. The court described that language as unambiguous.
Because Howey Mansion recovered a judgment, the court held it was entitled to its lawful costs, and that a trial court has no discretion to deny them in that situation. The case was sent back so those costs could be addressed.
Why does this matter to people involved in lawsuits?
This decision illustrates that winning or losing on the merits is only part of the picture. Separate legal standards decide whether a case survives to trial, whether fees can be shifted through a settlement proposal, and whether costs must be awarded to the prevailing party.
- Summary judgment can end a case when the evidence is heavily one-sided.
- The structure of a joint settlement proposal can determine whether fees are recoverable.
- A statutory right to costs for the prevailing party operates independently of the fee analysis.
Understanding that these questions are distinct helps explain why the same appeal can produce different outcomes on different issues.
Disclaimer: This post is for general information only, is not legal advice, does not create an attorney-client relationship, and does not predict or guarantee any result. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before deciding, ask for free written information about the lawyer’s qualifications and experience.