Interest on Court Ordered Attorney's Fees

Posted on April 10, 2009 by Mark Nation

In Hingson v. MMI of Florida, Inc., ____ So.2d ____ (Fla. 2nd DCA March 18, 2009), the trial court required the losing party to pay the prevailing parties attorney's fees.  However, the trial court refused to award prejudgment interest on the attorney's fees from the date which the prevailing party became entitled to the the attorney's fees. 

The 2nd DCA reversed this decision, and quoting the Supreme Court's in Quality Engineered Installation, Inc. v. Higley South, Inc., 670 So.2d 929, 930-31 (Fla. 1996), held that

interest accrues from the date the entitlement to attorneys fees is fixed through agreement, arbitration award, or court determination, even though the amount of the award has not yet been determined.

 

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