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Who Gets The Bill?

Discussion in 'Civil Court, Procedure & Litigation' started by Lautermilch, Sep 26, 2019.

  1. Lautermilch

    Lautermilch Law Topic Starter New Member

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    Jurisdiction:
    Florida
    I was involved in a case concerning the Florida Deceptive and Unfair Practices act. After five years the plaintiffs lost in appellant court and the defendants filed a motion for fees.

    The plaintiffs were residents of an apartment building that was shut down improperly in their view. They do not have 'deep pockets'. The defendants did make an 'offer of judgment' about halfway but it was rejected.
    My question is can the defendants come after them? After five years of litigation I heard the total legal tab was pretty high.Or will the plaintiff's law firm have to pay?
     
  2. Zigner

    Zigner Well-Known Member

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    How are you "involved"?
    The client will be responsible for any fees awarded.
     
  3. Lautermilch

    Lautermilch Law Topic Starter New Member

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    There were two lawsuits, one against the developer, the other against the local city. We did have class action status but that was dropped. The lawsuit against the developer had around 11 tenants listed. I am not one of them. So you are saying they will get the legal bill for the developer (defendant)?
     
  4. Zigner

    Zigner Well-Known Member

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    They may, at least for the appeal.
     
  5. Lautermilch

    Lautermilch Law Topic Starter New Member

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    So does the defendant's law firm send an invoice to each of the plaintiffs? Or does the plaintiff's law firm contact the plaintiffs typically?
     
  6. Zigner

    Zigner Well-Known Member

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    I don't know that there's anything "typical" in the matter.
     
  7. army judge

    army judge Super Moderator

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    ..........................................................

    You aren't among the plaintiffs, why do you care?


    Why not ask one of the plaintiffs?

    While you're at it, you might ask him/her what he/she ate for breakfast, her/his blood pressure, and what the family will be eating for dinner the evening of 30 September 2021????
     
  8. zddoodah

    zddoodah Well-Known Member

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    Involved in what capacity? Since you later referred to the plaintiffs in the third person, I'll assume you were a defendant, but please say so if that's not correct.

    Probably, but it obviously depends on what "come after" means.

    Pay whom and for what?

    Perhaps it will answer your questions to know that, as a general rule, all parties to civil litigation pay their own attorneys' fees and costs of suit (i.e., the plaintiff pays his/her/its lawyer and the defendant pays his/her/its lawyer). Some costs are recoverable by the winner from the loser, but it is uncommon for attorneys' fees to be recoverable. The offer of judgment you mentioned may also alter that general rule, but the defendants ought to discuss this matter with their attorneys.

    Also note that, under the circumstances, it's possible that the defendants were represented by an attorney whose bills were paid by the defendants' insurance carrier(s).
     

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