The Florida Bar
The Florida Bar Journal
The Right to Recover “Fees for Fees” Based on a Contractual Prevailing Party Fee Provision

by Adam G. Rabinowitz and Beverly A. Pohl
A client’s complete vindication for the successful pursuit or defense of litigation often includes the ability to be made whole, including an award of attorneys’ fees as the prevailing party. However, a client’s complete satisfaction is sometimes tempered by the precedent established in 1993 by the Florida Supreme Court in State Farm Fire & Casualty Co. v. Palma, 629 So. 2d 830 (Fla. 1993). Based on Palma, for two decades the prevailing assumption in Florida’s legal community has been that attorneys’ fees may only be recovered for litigating the issue of entitlement to fees, and not for litigating the amount of fees to be awarded. But in the right circumstances, as illustrated by a recent decision from the Fourth District Court of Appeal, that “rule” may be inapplicable....

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President’s Page
Brave New e-World
by Gwynne A. Young

Tax Law
Are Tax Expenditures Reaching Their Goals? A View from the Fiscal Cliff
by Richard Q. Lewis III

City, County and Local Government
Prompt Judicial Review of Administrative Decisions: Providing Due Process in Unsure Waters
by Carl E. Brody, Jr.

Real Property, Probate and Trust Law
Implied and Constructive Notice: Title Search Fallibility and the Rigidity of the Constructive Notice Doctrine
by Morgan L. Weinstein and J. Anthony Van Ness

Administrative Law
Writing and Challenging Emergency Orders, Part I
by Gar Chisenhall

Business Law
Proposed Legislation to Shield Charities from Fraudulent Conveyance Claims Provides Unnecessary Relief and Harms Fraud Victims
by Burton W. Wiand, Michael S. Lamont, and Jordan D. Maglich
April 2013
Volume 87, No. 4
The Mediation Privilege Marcia S. Cohen

Retaining Federal Jurisdiction Over Settlement Agreements After Shaz — Andrew L. Adler and Brian W. Toth

50 Years Later: Memories of Gideon v. Wainwright — by Bruce R. Jacob (March 2013)

Gideon’s Legacy: Exonerating the Innocent — Jan Pudlow (March 2013)

Gideon’s Promise by Gwynne A. Young (March 2013)

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March 2013

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[Revised: 04-29-2013]