State Department of Transportation v. Fortune Federal Savings & Loan Ass'n
State Department of Transportation v. Fortune Federal Savings & Loan Ass'n
Opinion of the Court
The Department of Transportation seeks a writ of certiorari to quash an order granting Fortune Federal Savings and Loan Association’s motion for partial attorney’s fees.
Approximately two months prior to trial, the court awarded $30,000 as a partial attorney’s fee to counsel representing Fortune Federal, a defendant property owner
There may be instances of extended litigation where a partial award of attorney’s fees would be desirable. However, such awards are governed by sections 73.091 and 73.092, Florida Statutes (1985), and the legislature has made no provision for interim awards of fees in condemnation proceedings.
Accordingly, we quash the order awarding partial attorney’s fees. When the case is concluded, the trial court may award attorney’s fees pursuant to section 73.092.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.