Monday, May 4, 2015

You Do Not Prevail by Moving to Florida

Disputesuite.com v. Scoreinc.com, No. B248694 (D2d2 Apr. 14, 2015)

Defendant in this case successfully got the case dismissed on forum non conveniens grounds based on a contractual provision calling for Florida venue. The contract also contained an attorney fee provision, and the defendant moved for about $85,000 in fees, which the trial court denied and the court of appeal affirms. An attorney fee provision is supposed to look to the prevailing party at the end of the litigation. Litigation that ends in California because it needs to get filed in Florida isn’t actually over. So while defendant prevailed in its forum-non motion, it hasn’t prevailed in the case and a fee award would thus be premature.

Affirmed.


Update: Review Granted August 19, 2015.

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