Whether you can recover your attorney’s fees when you’re the prevailing party in a lawsuit in Florida depends on whether the lawsuit involved a contract or statute that allowed for the recovery of attorney’s fees.
For example, if you and I have a contract and that contract says if we have a dispute and we have to sue, the winner will get their attorney’s fees back, then the answer is “Yes, you get your attorney’s fees.” If our contract is silent, you don’t get your attorney’s fees for winning.
Secondly, if you’re suing over a statute in Florida that says that the winner can get their attorney’s fees back, you would recover. One example is if your insurer denies a claim you file, and you have to hire an attorney to get the court to tell the insurer they have to pay that claim, then in that situation, the policyholder recovers attorney’s fees if he wins, but the insurer does not recover attorney fees if he loses. You will always get your taxable cost back in Florida if you win a lawsuit.