A Florida court has reversed a previous judgment that awarded attorney’s fees to Quality Mold Finders Corporation from Citizens Property Insurance Corporation. This decision, filed on July 15, 2026, affects how attorney fees are awarded in similar cases in the future. The ruling emphasizes the need for specific findings when a court considers awarding fees under Florida law.
The case, Citizens Property Insurance Corporation v. Quality Mold Finders Corp., No. 3D25-0697, stemmed from a dispute over the validity of attorney fees claimed by Quality Mold Finders. The court's ruling is significant for both parties involved and sets a precedent for future cases regarding attorney fees in Florida.
Background
Citizens Property Insurance Corporation is a state-run insurance company in Florida that provides coverage for homeowners. Quality Mold Finders Corporation, on the other hand, is a business that specializes in mold remediation services. The dispute arose when Quality Mold Finders sought attorney fees from Citizens Property Insurance after a legal disagreement over a claim.
The case made its way to the County Court for Miami-Dade County, where Judge Lissette De La Rosa presided. The lower court awarded Quality Mold Finders $12,025 in attorney fees under section 57.105(1) of the Florida Statutes, which allows for such awards under specific circumstances. Citizens Property Insurance Corporation appealed the decision, arguing that the trial court did not provide adequate findings to support the fee award.
The Ruling
The Third District Court of Appeal of Florida ruled in favor of Citizens Property Insurance Corporation, reversing the lower court's decision. The court stated that the trial court failed to make the necessary specific findings to justify the attorney fee award. The ruling emphasized that the trial court did not determine whether Citizens’ defense was unsupported by material facts or existing law.
The court ruled, “the trial court failed to render findings that Citizens’ affirmative defense…was not supported by the material facts necessary to establish the claim or defense.”
Additionally, the court referenced a previous case, Lanson v. Reid, stating that “an award of fees under section 57.105 requires a determination by the court that ‘the party or its counsel knew or should have known that the claim or defense asserted was not supported by the facts or an application of existing law.’” This highlights the importance of the court's obligation to provide clear findings before awarding attorney fees.
Impact
This ruling has significant implications for future cases involving attorney fees in Florida. It underscores the necessity for courts to provide detailed findings when considering such awards. The decision reinforces the standards set by previous rulings, ensuring that parties cannot be penalized with attorney fees without clear evidence of bad faith or lack of merit in their claims or defenses.
Going forward, this case may influence how attorneys approach fee requests and the standards they must meet to secure such awards. It serves as a reminder that courts must carefully evaluate the circumstances surrounding claims and defenses before imposing financial penalties.
What's Next
Details were not available in the court filing regarding whether Citizens Property Insurance Corporation plans to take further action or if there are related cases pending. However, the ruling could prompt a review of similar cases in the future.