Attorneys’ Fee Provisions in Contracts at Risk Upon Appeal

Specificity prevails over tired boilerplate.

Attorneys’ fees incurred performing appellate work will not be awarded to the prevailing party if the contract or document forming the basis for an attorneys’ fee award does not provide for appellate attorney’s fees.

Pardo v. Goldberg (Fla 3rd DCA, 2011)

Emails Confer Long Arm Jurisdiction for Litigation

Regardless of whether the sender intended to target Florida residents, an email sent to a group, some of whose members are residents of Florida, confers long arm jurisdiction under Fla. Stat. § 48.193 (1)(b). In turn, a Florida resident can file a lawsuit against the sender of the e-mail in Florida. Price v. Kronenberger, — So.3d —-, 2009 WL 5150236 (Fla. 5th DCA 2009).