The prevailing party in any suit to enforce the terms hereof shall be entitled to recover his/her/its reasonable attorneys' fees. See Fla. Stat. (c) Nothing in this section shall prohibit parties from stipulating to alternative procedures for awarding costs in the litigation pursuant to rules adopted under Section 1034. 1) You May Be Entitled To Attorney’s Fees Under The Terms Of A Contract. California Code of Civil Procedure §1032(a)(4) provides a variety of classifications which define the prevailing party for purposes of recovering costs in litigation. If any legal action or other proceeding is brought for any breach of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs incurred in bringing such action or proceeding, in addition to any other relief to which such party may be entitled. Loading... Prevailing Party. The tenant filed a two-count petition claiming breach of contract. In the event of any dispute arising out of the subject matter of this Agreement, the prevailing party shall be entitled to recover, in addition to any other damages assessed or relief afforded, its attorney fees and court costs incurred in litigating or otherwise settling or resolving such dispute hereunder. Attorney's Fees to Prevailing Party.In the event of any arbitration or court action conducted hereunder, the prevailing party shall be entitled to recover from the losing party all fees and expenses incurred by the prevailing party in connection with the arbitration or court action, including reasonable attorney's fees. that the prevailing party will be entitled to recover “any and all costs and expenses incurred with respect to such litigation or other proceeding, including without limitation, reasonable attorneys’ fees, court costs, other disbursements and costs and expert fees and costs.”1 If the clause does not specifically state Typically, these clauses provide that, “[i]n the event of any litigation arising from or related to this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party, in addition to any other relief awarded, all litigation expenses, including reasonable attorneys’ fees, incurred in such litigation.” 18. Pursuant to CCP §1032(b), a prevailing party is entitled to recover costs as a matter of right—a court cannot concurrently award mandatory costs to opposing parties. 1033. Should any action be brought by any party to this AGREEMENT to enforce any provision thereof, the prevailing party shall be entitled to recover, The law defines the “prevailing party” as “the party with a net monetary recovery” and “a defendant in whose favor a dismissal is entered.” Irwin v. McMillan, 322 Ill. App. For instance, a contract may state that a party is entitled to recover up to 15% of the debt owed … Rule 82 - Attorney's Fees. In the event of any action, proceeding or ----- litigation (collectively, the "Action") between the parties arising out of or in relation to this Agreement, the prevailing party in such Action, shall be entitled to recover, in addition to any damages, injunctions, or other relief and without regard to whether the Action is prosecuted to final appeal, all of its costs and expenses including, without limitation, reasonable … "Award" of costs is the determination by the court of the amount that a party who has been allowed costs is entitled to recover. “in the event of a dispute between the parties arising from or to enforce the Agreement, the prevailing party shall be entitled to recover its reasonable attorney’s fees.” On the surface this seems fairly straight-forward the winner of the lawsuit has the opportunity for the Court to award it their reasonable … When any party recovers other than monetary relief and in situations other than as specified, the 'prevailing party' shall be as determined by the court, and under those circumstances, the court, in its discretion, may allow costs or not and, if allowed may apportion costs between the parties on the same or adverse sides pursuant to rules adopted under Section 1034. If either party files suit to enforce any of the terms of this Lease, the prevailing party shall be entitled to recover court costs and reasonable attorney’s fees. In the event of any litigation arising from breach of this agreement, or the services provided under this agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred including staff time, court costs, attorney fees and all other related expenses incurred in … This section enables a prevailing party in an action between a unit owner and condominium association to recover prevailing party attorney’s fees, subject to the conditions stated within that section. 12. This AGREEMENT shall be construed and enforced in accordance with the laws of the State of [California]. In the event of any litigation between the parties relating to this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs (including court costs) from the non-prevailing party, provided that if both parties prevail in part, the reasonable attorneys' fees and costs shall be awarded by the court in such manner as it deems equitable to reflect the relative amounts and merits … §§ 3612(p), 3614(d). In any such award of costs and expenses, the prevailing party shall also be entitled to recover 'fees on fees' from the non-prevailing party, meaning those costs and expenses, including attorney's fees, which are required to determine the amount of costs and expenses to be awarded 13 - GOVERNING LAW, … They provide, in pertinent part: al., considered a fairly standard “prevailing party” clause contained in a lease, which entitled the prevailing party to recover “reasonable attorneys’ fees and court costs” from the other party to the litigation. In either case, the prevailing party, other than the United States, may recover a reasonable attorney's fee and costs, except that the United States shall be liable for fees and costs only to the extent provided by the Equal Access to Justice Act. prevailing party. EurLex-2 According to that provision, the losing party in an opposition provision must pay the costs incurred by the prevailing party essential to the proceedings. In any action or suit to enforce any right or remedy under this Agreement or to interpret any provision of this Agreement, the prevailing party shall be entitled to recover its reasonable attorney’s fees, costs and other expenses. The most prevalent of these classifications are (1) the party with a net monetary recovery… For purposes of determining the prevailing party, the judge shall take into consideration which party prevailed on the major issues present without reference to any monetary … A. Except as provided in subsection B, the prevailing party shall be entitled to recover reasonable attorney fees, costs expended in the matter, and interest on the judgment as … Rule 54(d) accords with G.L. An attorney fee-shifting provision contained in a contract may grant either party the right to recovery in the event that the party prevails in litigation. "Allowance" of costs refers to the determination by the court that a party is entitled to claim costs. The benefactor a. CA Supreme Court Clarifies Definition of “Prevailing Party”. California law states that the “prevailing party” in a lawsuit is entitled to recover its costs from the other party. The law defines the “prevailing party” as “the party with a net monetary recovery” and “a defendant in whose favor a dismissal is entered.”. Thus a party may be granted equitable relief when he asked for damages, or damages when he requested equitable relief. The court noted a similar case, in which the attorney fee provision in a lease stated: `If civil action is instituted in connection with this Agreement, the prevailing party shall be entitled to recover court costs and any … The prevailing party shall be entitled to recover its reasonable legal costs relating [...] to that aspect of its claim or defence on which it prevails, and any opposing costs awards shall be offset. Typically, it is the prevailing party who is entitled to recover their attorneys’ fees and costs; The scope and what is recoverable a. Many contracts, leases, mortgages, deeds of trust or promissory notes provide that the "prevailing party" shall be entitled to recovery of attorney's fees and costs if legal action must be taken to enforce the agreement. Such a provision may read: “in connection with any litigation arising out of this contract, the prevailing party shall be … Breach. ... addressed through inclusion of a “prevailing party” attorney’s fee clause in the contract—a statement that the prevailing party will be entitled to recover its attorney’s fees from the non-prevailing party. A party may be awarded greater damages than the ad damnum. The foregoing reality has caused many attorneys to include variations of the following language in contracts: “In the event of any dispute arising under this Agreement, the prevailing party shall be entitled to recover all reasonable attorneys’ … If any legal action or other proceeding is brought in connection with this Agreement, the successful or prevailing Party, if any, shall be entitled to recover reasonable attorneys’ fees and other related costs, in addition to any other relief to which that Party is entitled. (b)Amount of Award. Attorneys’ Fees. (b)Amount of Award. Rule 54(d) accords with G.L. When a party prevails in litigation, the party should be entitled to recover its “costs” incurred in connection with the litigation.This is different than that party’s attorney’s fees. Prevailing party to recover costs. In any legal action between the Parties concerning this Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs. Many contracts provide that in the event of a lawsuit the prevailing party shall be entitled to recover its reasonable attorney’s fees. (g) The Attorney General, a district attorney, a city attorney, or the board may bring a civil action for a violation of this section, including an action for injunctive relief and any other appropriate relief, and shall be entitled, if they are the prevailing party, to recover reasonable attorney’s fees. In any action in the superior court of Washington the prevailing party shall be entitled to his or her costs and disbursements; but the plaintiff shall in no case be entitled to costs taxed as attorneys' fees in actions within the jurisdiction of the district court when commenced in the superior court. In any adversarial proceedings between the parties arising out of this agreement, the prevailing party will be entitled to recover from the other party, in addition to any other relief awarded, all expenses that the prevailing party incurs in those proceedings, including attorneys’ fees and expenses. If either party brings any legal action or other proceeding under this Agreement, then the prevailing party is entitled to recover, and the other party shall pay, all costs, expenses, and legal fees (including the fees of attorneys and persons not admitted to the bar performing services under the supervision of an … In the event either party shall commence or be required to defend any action or proceeding against the other party arising out of this [contract], the prevailing party shall be entitled to recover from the other party its reasonable attorneys’ fees and costs through all … The attorney provision in question was generic and provided: “If any action arising out of this Agreement is instituted by any Party against another Party, the prevailing Party shall be entitled to recover from the non-prevailing Party reasonable attorneys’ fees and costs.” investigation, expert fees, court costs, and reasonable attorneys’ fees and disbursements, incurred in connection with the prosecution or defense of such action, as fixed by a … Also, make sure to check out the article above to understand the type of costs you would be entitled to recover. (b) Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding. (c) Nothing in this section shall prohibit parties from stipulating to alternative procedures for awarding costs in the litigation pursuant to rules adopted under Section 1034. If, for any dispute or claim to which this paragraph applies, any party commences an action without first attempting to resolve the matter through mediation, or refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney fees, even if they would otherwise be available to that party … If Tenant shall default in observing, performing, or keeping any term, provisions, covenant or condition of this Lease on Tenant's part to be kept, observed, or performed, other than for the payment of Rent, and shall … PREVAILING PARTY. prevailing party, to some extent, for expenses necessarily incurred in the assertion of his rights in court. The party in whose favor judgment is rendered shall be entitled to recover the witness fees, although at the time the party may not actually have paid them. If either party files suit to enforce any of the terms of this Lease, the prevailing party shall be entitled to recover court costs and reasonable attorney’s fees. In the event of any litigation arising from breach of this agreement, or the services provided under this agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred including staff time, court costs, attorney fees and all other related expenses incurred in … 3d 861 (2nd Dist. Binding Effect. 42 U.S.C. You are entitled to recover your costs. Except as provided in paragraph (2), the party prevailing on the contract shall be the party who recovered a greater relief in the action on the contract. If any party hereto commences any action arising out of this agreement, including, without limitation, any action to enforce or interpret this agreement, the prevailing party in such action shall be entitled to their attorney’s fees. ... shall recover its expenses and costs including reasonable attorney's fees from the other party. Recovery of Expenses. In the event that any suit or action is instituted to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, … In the event of any dispute, controversy, or claim related to or arising from the terms of this Agreement, the Parties hereto hereby agree that any such … When a contract contains a provision granting either party the right to recover attorney fees in the event of litigation on the contract, Civil Code section 1717 (hereafter section 1717) gives the “party prevailing on the contract” a right to recover attorney fees, whether or not that party is the party specified in the … ARBITRATION. SECTION 15-37-10. s. 57.041 (“The party recovering judgment shall recover all his or her legal costs and charges which shall be included in the … March 14, 2016 by Jeffrey S. Sloan California law states that the “prevailing party” in a lawsuit is entitled to recover its costs from the other party. In the event of any arbitration or other legal proceeding relating to this Agreement or the enforcement of any provision of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys ’ fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled) as determined by and within the discretion of the court or arbitrator. Costs generally. 2001). prevailing party n. the winner in a lawsuit. This Agreement shall be governed by and construed in Except as otherwise provided by law or agreed to by the parties, the prevailing party in a civil case shall be awarded attorney's fees calculated under this rule. 1 (2) The court will designate a prevailing party … n. the winner in a lawsuit. Rule 13.05 - Costs and Disbursements (1) As used in this rule, "costs" includes costs and disbursements. 17. Shortly thereafter, the Bellerives experienced financing issues, and the … Chapter 719, governing cooperatives, also contains prevailing party attorney’s fees provisions. Issuance or service of subpoena shall not be necessary to entitle a prevailing party to tax, as costs, witness fees and mileage, provided that such witnesses be sworn and testify in the cause. hereby deemed the prevailing parties under Code of Civil Procedure Section 1032 and shall be entitled to recover their costs of suit and reasonable attorney’s fees in this action as permitted by law.” Although it did not state a dollar amount, this language was unambiguous that Moorpark’s predecessors-in- 12. The relevant statutory provisions are Iowa Code sections 625.22, 625.25, and 677.10 (2017). Except as otherwise provided by law or agreed to by the parties, the prevailing party in a civil case shall be awarded attorney's fees calculated under this rule.
the prevailing party shall be entitled to recover
The prevailing party in any suit to enforce the terms hereof shall be entitled to recover his/her/its reasonable attorneys' fees. See Fla. Stat. (c) Nothing in this section shall prohibit parties from stipulating to alternative procedures for awarding costs in the litigation pursuant to rules adopted under Section 1034. 1) You May Be Entitled To Attorney’s Fees Under The Terms Of A Contract. California Code of Civil Procedure §1032(a)(4) provides a variety of classifications which define the prevailing party for purposes of recovering costs in litigation. If any legal action or other proceeding is brought for any breach of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs incurred in bringing such action or proceeding, in addition to any other relief to which such party may be entitled. Loading... Prevailing Party. The tenant filed a two-count petition claiming breach of contract. In the event of any dispute arising out of the subject matter of this Agreement, the prevailing party shall be entitled to recover, in addition to any other damages assessed or relief afforded, its attorney fees and court costs incurred in litigating or otherwise settling or resolving such dispute hereunder. Attorney's Fees to Prevailing Party.In the event of any arbitration or court action conducted hereunder, the prevailing party shall be entitled to recover from the losing party all fees and expenses incurred by the prevailing party in connection with the arbitration or court action, including reasonable attorney's fees. that the prevailing party will be entitled to recover “any and all costs and expenses incurred with respect to such litigation or other proceeding, including without limitation, reasonable attorneys’ fees, court costs, other disbursements and costs and expert fees and costs.”1 If the clause does not specifically state Typically, these clauses provide that, “[i]n the event of any litigation arising from or related to this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party, in addition to any other relief awarded, all litigation expenses, including reasonable attorneys’ fees, incurred in such litigation.” 18. Pursuant to CCP §1032(b), a prevailing party is entitled to recover costs as a matter of right—a court cannot concurrently award mandatory costs to opposing parties. 1033. Should any action be brought by any party to this AGREEMENT to enforce any provision thereof, the prevailing party shall be entitled to recover, The law defines the “prevailing party” as “the party with a net monetary recovery” and “a defendant in whose favor a dismissal is entered.” Irwin v. McMillan, 322 Ill. App. For instance, a contract may state that a party is entitled to recover up to 15% of the debt owed … Rule 82 - Attorney's Fees. In the event of any action, proceeding or ----- litigation (collectively, the "Action") between the parties arising out of or in relation to this Agreement, the prevailing party in such Action, shall be entitled to recover, in addition to any damages, injunctions, or other relief and without regard to whether the Action is prosecuted to final appeal, all of its costs and expenses including, without limitation, reasonable … "Award" of costs is the determination by the court of the amount that a party who has been allowed costs is entitled to recover. “in the event of a dispute between the parties arising from or to enforce the Agreement, the prevailing party shall be entitled to recover its reasonable attorney’s fees.” On the surface this seems fairly straight-forward the winner of the lawsuit has the opportunity for the Court to award it their reasonable … When any party recovers other than monetary relief and in situations other than as specified, the 'prevailing party' shall be as determined by the court, and under those circumstances, the court, in its discretion, may allow costs or not and, if allowed may apportion costs between the parties on the same or adverse sides pursuant to rules adopted under Section 1034. If either party files suit to enforce any of the terms of this Lease, the prevailing party shall be entitled to recover court costs and reasonable attorney’s fees. In the event of any litigation arising from breach of this agreement, or the services provided under this agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred including staff time, court costs, attorney fees and all other related expenses incurred in … This section enables a prevailing party in an action between a unit owner and condominium association to recover prevailing party attorney’s fees, subject to the conditions stated within that section. 12. This AGREEMENT shall be construed and enforced in accordance with the laws of the State of [California]. In the event of any litigation between the parties relating to this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs (including court costs) from the non-prevailing party, provided that if both parties prevail in part, the reasonable attorneys' fees and costs shall be awarded by the court in such manner as it deems equitable to reflect the relative amounts and merits … §§ 3612(p), 3614(d). In any such award of costs and expenses, the prevailing party shall also be entitled to recover 'fees on fees' from the non-prevailing party, meaning those costs and expenses, including attorney's fees, which are required to determine the amount of costs and expenses to be awarded 13 - GOVERNING LAW, … They provide, in pertinent part: al., considered a fairly standard “prevailing party” clause contained in a lease, which entitled the prevailing party to recover “reasonable attorneys’ fees and court costs” from the other party to the litigation. In either case, the prevailing party, other than the United States, may recover a reasonable attorney's fee and costs, except that the United States shall be liable for fees and costs only to the extent provided by the Equal Access to Justice Act. prevailing party. EurLex-2 According to that provision, the losing party in an opposition provision must pay the costs incurred by the prevailing party essential to the proceedings. In any action or suit to enforce any right or remedy under this Agreement or to interpret any provision of this Agreement, the prevailing party shall be entitled to recover its reasonable attorney’s fees, costs and other expenses. The most prevalent of these classifications are (1) the party with a net monetary recovery… For purposes of determining the prevailing party, the judge shall take into consideration which party prevailed on the major issues present without reference to any monetary … A. Except as provided in subsection B, the prevailing party shall be entitled to recover reasonable attorney fees, costs expended in the matter, and interest on the judgment as … Rule 54(d) accords with G.L. An attorney fee-shifting provision contained in a contract may grant either party the right to recovery in the event that the party prevails in litigation. "Allowance" of costs refers to the determination by the court that a party is entitled to claim costs. The benefactor a. CA Supreme Court Clarifies Definition of “Prevailing Party”. California law states that the “prevailing party” in a lawsuit is entitled to recover its costs from the other party. The law defines the “prevailing party” as “the party with a net monetary recovery” and “a defendant in whose favor a dismissal is entered.”. Thus a party may be granted equitable relief when he asked for damages, or damages when he requested equitable relief. The court noted a similar case, in which the attorney fee provision in a lease stated: `If civil action is instituted in connection with this Agreement, the prevailing party shall be entitled to recover court costs and any … The prevailing party shall be entitled to recover its reasonable legal costs relating [...] to that aspect of its claim or defence on which it prevails, and any opposing costs awards shall be offset. Typically, it is the prevailing party who is entitled to recover their attorneys’ fees and costs; The scope and what is recoverable a. Many contracts, leases, mortgages, deeds of trust or promissory notes provide that the "prevailing party" shall be entitled to recovery of attorney's fees and costs if legal action must be taken to enforce the agreement. Such a provision may read: “in connection with any litigation arising out of this contract, the prevailing party shall be … Breach. ... addressed through inclusion of a “prevailing party” attorney’s fee clause in the contract—a statement that the prevailing party will be entitled to recover its attorney’s fees from the non-prevailing party. A party may be awarded greater damages than the ad damnum. The foregoing reality has caused many attorneys to include variations of the following language in contracts: “In the event of any dispute arising under this Agreement, the prevailing party shall be entitled to recover all reasonable attorneys’ … If any legal action or other proceeding is brought in connection with this Agreement, the successful or prevailing Party, if any, shall be entitled to recover reasonable attorneys’ fees and other related costs, in addition to any other relief to which that Party is entitled. (b)Amount of Award. Attorneys’ Fees. (b)Amount of Award. Rule 54(d) accords with G.L. When a party prevails in litigation, the party should be entitled to recover its “costs” incurred in connection with the litigation.This is different than that party’s attorney’s fees. Prevailing party to recover costs. In any legal action between the Parties concerning this Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs. Many contracts provide that in the event of a lawsuit the prevailing party shall be entitled to recover its reasonable attorney’s fees. (g) The Attorney General, a district attorney, a city attorney, or the board may bring a civil action for a violation of this section, including an action for injunctive relief and any other appropriate relief, and shall be entitled, if they are the prevailing party, to recover reasonable attorney’s fees. In any action in the superior court of Washington the prevailing party shall be entitled to his or her costs and disbursements; but the plaintiff shall in no case be entitled to costs taxed as attorneys' fees in actions within the jurisdiction of the district court when commenced in the superior court. In any adversarial proceedings between the parties arising out of this agreement, the prevailing party will be entitled to recover from the other party, in addition to any other relief awarded, all expenses that the prevailing party incurs in those proceedings, including attorneys’ fees and expenses. If either party brings any legal action or other proceeding under this Agreement, then the prevailing party is entitled to recover, and the other party shall pay, all costs, expenses, and legal fees (including the fees of attorneys and persons not admitted to the bar performing services under the supervision of an … In the event either party shall commence or be required to defend any action or proceeding against the other party arising out of this [contract], the prevailing party shall be entitled to recover from the other party its reasonable attorneys’ fees and costs through all … The attorney provision in question was generic and provided: “If any action arising out of this Agreement is instituted by any Party against another Party, the prevailing Party shall be entitled to recover from the non-prevailing Party reasonable attorneys’ fees and costs.” investigation, expert fees, court costs, and reasonable attorneys’ fees and disbursements, incurred in connection with the prosecution or defense of such action, as fixed by a … Also, make sure to check out the article above to understand the type of costs you would be entitled to recover. (b) Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding. (c) Nothing in this section shall prohibit parties from stipulating to alternative procedures for awarding costs in the litigation pursuant to rules adopted under Section 1034. If, for any dispute or claim to which this paragraph applies, any party commences an action without first attempting to resolve the matter through mediation, or refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney fees, even if they would otherwise be available to that party … If Tenant shall default in observing, performing, or keeping any term, provisions, covenant or condition of this Lease on Tenant's part to be kept, observed, or performed, other than for the payment of Rent, and shall … PREVAILING PARTY. prevailing party, to some extent, for expenses necessarily incurred in the assertion of his rights in court. The party in whose favor judgment is rendered shall be entitled to recover the witness fees, although at the time the party may not actually have paid them. If either party files suit to enforce any of the terms of this Lease, the prevailing party shall be entitled to recover court costs and reasonable attorney’s fees. In the event of any litigation arising from breach of this agreement, or the services provided under this agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred including staff time, court costs, attorney fees and all other related expenses incurred in … 3d 861 (2nd Dist. Binding Effect. 42 U.S.C. You are entitled to recover your costs. Except as provided in paragraph (2), the party prevailing on the contract shall be the party who recovered a greater relief in the action on the contract. If any party hereto commences any action arising out of this agreement, including, without limitation, any action to enforce or interpret this agreement, the prevailing party in such action shall be entitled to their attorney’s fees. ... shall recover its expenses and costs including reasonable attorney's fees from the other party. Recovery of Expenses. In the event that any suit or action is instituted to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, … In the event of any dispute, controversy, or claim related to or arising from the terms of this Agreement, the Parties hereto hereby agree that any such … When a contract contains a provision granting either party the right to recover attorney fees in the event of litigation on the contract, Civil Code section 1717 (hereafter section 1717) gives the “party prevailing on the contract” a right to recover attorney fees, whether or not that party is the party specified in the … ARBITRATION. SECTION 15-37-10. s. 57.041 (“The party recovering judgment shall recover all his or her legal costs and charges which shall be included in the … March 14, 2016 by Jeffrey S. Sloan California law states that the “prevailing party” in a lawsuit is entitled to recover its costs from the other party. In the event of any arbitration or other legal proceeding relating to this Agreement or the enforcement of any provision of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys ’ fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled) as determined by and within the discretion of the court or arbitrator. Costs generally. 2001). prevailing party n. the winner in a lawsuit. This Agreement shall be governed by and construed in Except as otherwise provided by law or agreed to by the parties, the prevailing party in a civil case shall be awarded attorney's fees calculated under this rule. 1 (2) The court will designate a prevailing party … n. the winner in a lawsuit. Rule 13.05 - Costs and Disbursements (1) As used in this rule, "costs" includes costs and disbursements. 17. Shortly thereafter, the Bellerives experienced financing issues, and the … Chapter 719, governing cooperatives, also contains prevailing party attorney’s fees provisions. Issuance or service of subpoena shall not be necessary to entitle a prevailing party to tax, as costs, witness fees and mileage, provided that such witnesses be sworn and testify in the cause. hereby deemed the prevailing parties under Code of Civil Procedure Section 1032 and shall be entitled to recover their costs of suit and reasonable attorney’s fees in this action as permitted by law.” Although it did not state a dollar amount, this language was unambiguous that Moorpark’s predecessors-in- 12. The relevant statutory provisions are Iowa Code sections 625.22, 625.25, and 677.10 (2017). Except as otherwise provided by law or agreed to by the parties, the prevailing party in a civil case shall be awarded attorney's fees calculated under this rule.
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