Blog

Did You Know: You Can Bring an Action for Attorney’s Fees After a Trial Court Dissolves a Wrongly Obtained Injunction in Orlando, Florida?

The fact that you can bring an action for attorney’s fees after a trial court dissolves a wrongly obtained injunction is something many people don’t know. Florida Statute 60.07 states the following:

60.07 Assessment of damages after dissolution. — In injunction actions, on dissolution, the court may hear evidence and assess damages to which a defendant may be entitled under any injunction bond, eliminating the necessity for an action on the injunction bond if no party has requested a jury trial on damages. 

A Recent Assessment of Damages Case

There was an interesting case in 46 Fla. L. Weekly D1914a ( Fla. 4th DCA 2021). The case name was Dawn Rene Holding, LLC and David Matthiessen v. World Jet of Delaware, Inc. In this case, after the circuit court dissolved the plaintiff’s wrongfully obtained injunction against the defendant, the defendant brought a successful action to recover its attorney’s fees and costs from plaintiffs’ injunction bond. The plaintiffs then appealed from the circuit court’s final fees judgment in the defendant’s favor. Specifically, the plaintiffs challenged the attorney’s fees and costs awarded to the defendant beyond those necessary to dissolve the injunction, i. e., those additional attorney’s fees and costs which the defendant incurred in demonstrating its entitlement to the attorney’s fees. 

While an award of damages under Florida Statute 60.07 has been interpreted to include attorney’s fees, only those attorney’s fees related directly to the dissolving of the injunction are allowed. 

It is well established that reasonable attorney’s fees may be recovered if two elements are met: 

1. the injunction was wrongly issued; and
2. the attorney’s fees relate to the defeat or dissolution of the court’s injunction. 

In the circuit court, the attorney’s fees and costs awarded were not restricted to services rendered in undoing the wrongful injunction but included additional attorney’s fees and costs that the defendant incurred in demonstrating its entitlement to attorney’s fees. The District Court ruled that those additional fees were improper. The District Court reversed the circuit court’s final judgment and remanded for the circuit court to enter an amended final fees judgment in defendant’s favor but limited to the attorney’s fees and costs which the defendant incurred to dissolve the wrongful injunction. 

If you have more questions regarding a Marital and Family Law matter, Guardianship matter or Probate Administration matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. 

This article is for informational purposes only and does not form an attorney client privilege.