Posted by Nydia Streets of Streets Law in Florida Family Law Procedure

Under Florida Statute Chp. 57.105, a party can seek attorney’s fees from the other party in a Florida family law case for raising unsupported claims in the case. This requires a specific procedure, and the language of the statute must be adhered-to. This was an issue in the case Rose v. Rose, 6D2023-4209 (Fla. 6th DCA March 25, 2026).

The text of the statute provides:

Upon the court’s initiative or motion of any party, the court shall award a reasonable attorney’s fee, including prejudgment interest, to be paid to the prevailing party in equal amounts by the losing party and the losing party’s attorney on any claim or defense at any time during a civil proceeding or action in which the court finds that the losing party or the losing party’s attorney knew or should have known that a claim or defense when initially presented to the court or at any time before trial: (a) Was not supported by the material facts necessary to establish the claim or defense; or (b) Would not be supported by the application of then-existing law to those material facts.

Fla. Stat. 57.105(1). The appellant was found liable under this statute for attorney’s fees, and costs were also imposed. He appealed, arguing the statute does not authorize an award of costs.

The appellate court noted “In considering whether section 57.105(1) authorizes an award of costs, we employ the ‘supremacy-of-text’ principle and begin with the plain language of the statute. See Ham v. Portfolio Recovery Assocs., LLC, 308 So. 3d 942, 946 (Fla. 2020) (‘In interpreting the statute, we follow the ‘supremacy-of-text principle’—namely, the principle that ‘[t]he words of a governing text are of paramount concern, and what they convey, in their context, is what the text means.’”

The court concluded “While [the statute] plainly authorizes an award of reasonable attorney’s fees, it mentions nothing of costs. [. . .] Because the trial court here awarded costs pursuant to section 57.105(1), and that section does not contemplate such an award, we reverse that portion of the trial court’s order awarding $75 in costs.”

This article is not legal advice. For advice about your case, schedule a consultation with a Miami family law attorney.