Forte v. All Cnty. Towing Inc.

Forte v. All Cnty. Towing Inc.

Opinion

 [*317]  Forst, J.

Appellant Sandra Forte appeals an order granting attorney's fees as to both entitlement and amount in favor of Appellee All County Towing Inc. ("Towing Company"). Appellant contends the trial court erred in: (1) failing to hold an evidentiary hearing prior to awarding an attorney's fees amount; (2) concluding that Towing Company was entitled to attorney's fees under section 501.2105(1), Florida Statutes (2020) (part of Florida's Deceptive and Unfair Trade Practices Act ("FDUTPA")), solely on account of its status as the prevailing party; and (3) conducting a limited analysis of the factors in Humane Society of Broward County, Inc. v. Florida Humane Society, 951 So. 2d 966 (Fla. 4th DCA 2007), based on such conclusion.

We agree that the trial court erred in failing to hold an evidentiary hearing, and therefore reverse and remand for an evidentiary hearing concerning a proper fee amount, as discussed below. We further agree that the trial court erred in concluding Towing Company was automatically entitled to attorney's fees under section 501.2105(1) solely on account [**2]  of its status as the prevailing party. However, because the trial court ultimately considered the Humane Society factors when granting entitlement, and because competent, substantial evidence supports the trial court's determination, we affirm Towing Company's entitlement to attorney's fees.¹

Background

Appellant brought suit against Towing Company, alleging that it wrongfully towed Appellant's vehicle from her apartment complex's parking lot for parking in a disabled parking space without a placard.² Due to the parking spot's purportedly improper marking, and because of Towing Company's actions in towing her vehicle despite "seeing that the spot was not marked as [disabled]," Appellant alleged  [*318]  that Towing Company violated sections 501.204 and 715.07, Florida Statutes (2020).³ The case proceeded to a non-jury trial thereafter, resulting in a final judgment in Towing Company's favor.

As the prevailing party, Towing Company filed a motion to tax attorney's fees against Appellant. In the motion, Towing Company acknowledged the discretionary nature of a FDUTPA attorney's fees award under section 501.2105(1), Florida Statutes (2020). Nonetheless, Towing Company claimed that it was automatically entitled to attorney's fees as the prevailing party, based upon language from the Florida [**3]  Supreme Court's decision in Diamond Aircraft Industries, Inc. v. Horowitch, 107 So. 3d 362 (Fla. 2013).

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