Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Many Florida marital settlement agreements or other family law agreements have prevailing party clauses. These clauses indicate that if there is future litigation, the prevailing party will be awarded attorney’s fees to be paid by the other party. What if there is a “tie” and the court finds that no one prevailed? This was an issue in the case Pierre v. Honore, 3D25-0357 (Fla. 3d DCA October 1, 2025).
This appellate opinion does not provide background information, but it appears one party appealed the court’s failure to award fees under a prevailing party clause. The opinion affirms the trial court’s decision, citing the following case: Schoenlank v. Schoenlank, 128 So. 3d 118, 121 (Fla. 3d DCA 2013) (“[W]hen the litigation ‘ends in a tie’, with each party ‘prevailing in part and losing in part on the signficant issues,’ the trial court is well within its discretion to deny attorney’s fees to both parties.”
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