The 2023 Florida Statutes (including Special Session C)
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. . . Petitioners filed suit against the County in Circuit Court, alleging that the County had (i) violated section 448.08 . . .
. . . Statute § 448.08 and/or 29 U.S.C. § 1132(g) : $ 335,584.50; and E. . . . Florida Statutes § 448.08 provides a non-contractual right to attorneys fees only to a prevailing party . . . Stat. ch. 448.08. The statute's use of the term "wages" has been held to include a bonus. . . . That decision also notes that "a party prevails within the meaning of section 448.08 when there is an . . . On the other hand, if Woods prevails on this claim to a third bonus, under Florida Statutes § 448.08 . . .
. . . . § 448.08 ("The court may award to the prevailing party in an action for unpaid wages costs of the action . . .
. . . . § 448.08 (2016). . . . Stat. § 448.08 here, CSC nevertheless contends that the amount of the award is unreasonable because the . . . Stat. § 448.08 does not apply to this case. . . . Stat. § 448.08. in this case does not require the statute to operate beyond its territorial jurisdiction . . .
. . . LEGAL ANALYSIS Section 448.08 of the Florida Statutes provides: “The court may award to the prevailing . . . United Indus., 596 So.2d 801, 802 (Fla. 1st DCA 1992) (“[Section 448.08 vests with the trial court the . . . Watkins, 549 So.2d 745, 747 (Fla. 2d DCA 1989) (“[Section 448.08 does not require the trial court to . . . , and section 448.08 makes an' award of attorney’s fees and costs discretionary: “The court may award . . . Moreover, Ruffa’s motion seeking costs directly cited section 448.08, not section 57.041. . . .
. . . Additionally, because Perez no longer qualifies as the “prevailing party” under section 448.08, Florida . . . Section 448.08, Florida Statutes, specifically states: "The court may award to the prevailing party in . . .
. . . . § 448.08. DE 19 ¶¶ 32-61. . . .
. . . order suggests that the court based its decision on the mistaken belief that it could not award section 448.08 . . .
. . . He argued that he was entitled to attorney’s fees, pursuant to section 448.08, Florida Statutes (2012 . . .
. . . Coll, 453 So.2d 541, 542 (Fla. 3d DCA 1984) (stating that section 448.08, Florida Statutes (1981), “authorizes . . .
. . . Under section 448.08, Florida Statutes, attorney’s fees and costs may be awarded to the prevailing party . . . However, section 448.08 does not apply to independent contractors. See Goodwin v. Blu Murray Ins. . . . damages on the remaining claim, the ap-pellees filed a motion for attorney’s fees pursuant to section 448.08 . . .
. . . . § 448.08. . . .
. . . . § 448.08, in Count II. . . .
. . . . § 448.08, Fla. Stat. (2009); Gulf Solar, Inc. v. . . . So.2d 363, 367 (Fla. 2d DCA 1984) (holding that commissions are wages within the meaning of section 448.08 . . .
. . . Clearly, Langford is entitled to fees pursuant to section 448.08, Florida Statutes (2008), which allows . . . “Unpaid commissions are considered wages for purposes of section 448.08.” Hingson v. . . . As the court further explained in Hingson: The policy behind section 448.08 is to provide “a means to . . . recover all the commissions she sought does not alter her status as prevailing party under section 448.08 . . . court held: Addressing CDC’s second theory, we hold that a party prevails within the meaning of section 448.08 . . .
. . . the trial court’s denial of them motion for attorney’s fees in a suit to recover wages under section 448.08 . . . Plaintiff also re-asserted her claim to attorney’s fees under section 448.08. . . . Defendants sought attorney’s fees and costs under sections 57.105(1) and 448.08. . . . As to section 448.08 fees, the court determined that attorney’s fees should not be assessed because “ . . . Section 448.08, Florida Statutes, provides that “[t]he court may award to the prevailing party in an . . .
. . . . § 448.08 (2009). . . .
. . . first impression: whether an attorney’s fee statute applicable to an action for “unpaid wages,” section 448.08 . . . of the final arbitration award and an award by the court of attorney’s fees and costs under sections 448.08 . . . confirmed the arbitration award, characterized it as “an action for unpaid wages for purposes of section 448.08 . . . On that basis, the trial court correctly applied section 448.08. . . . warrant an award under that section, and the trial court limited the basis for its award against BDO to § 448.08 . . .
. . . headquartered in Miami-Dade County, asserting claims for unpaid wages and vacation pursuant to section 448.08 . . .
. . . . § 448.08 (Count VI). . . . law and wages due under the Bankruptcy Act for bankruptcy discrimination under Florida Statutes, § 448.08 . . . Stat. § 448.08, “there must be ‘an action for back wages’ ” to implicate the statutory entitlement to . . . To the extent Myers seeks to attach his request for attorney’s fees under § 448.08 to his remaining claim . . . Stat. § 448.08) as set forth in Myers’ Amended Complaint (Doc. 3). . . .
. . . Stat. § 448.08. . . . Unpaid commissions are considered wages under § 448.08. Gulf Solar, Inc. v. . . . Stat. § 448.08], and is, therefore, entitled to attorney’s fees”. Sentinel Enters., Inc. v. . . . Stat. § ] 448.08 attorney’s fees do not apply to [claims brought as] independent contractors.” . . . Stat. § 448.08 only applies to actions brought by an “employee” to recover “unpaid wages”). . . .
. . . . § 448.08, a section of Florida’s labor statutes that provides for the payment of attorneys’ fees and . . . F.Supp.2d 1202, 1208 n. 6 (S.D.Fla.2006) (noting that an action for unpaid or back wages, for which § 448.08 . . . Section 448.08 provides, in its entirety, "The court may award to the prevailing party in an action for . . . Slat. § 448.08. . . .
. . . Hingson sought fees pursuant to the employment agreement and pursuant to section 448.08, Florida Statutes . . . Pursuant to section 448.08, the trial court properly awarded fees to Hing-son. . . . Section 448.08 provides, “The court may award to the prevailing party in an action for unpaid wages costs . . . Unpaid commissions are considered wages for purposes of section 448.08. See Gulf Solar, Inc. v. . . . The policy behind section 448.08 is to provide “a means to equalize the disparate positions of employees . . .
. . . , asserted three affirmative defenses, and requested attorney’s fees and costs, pursuant to section 448.08 . . . The employer moved for attorneys’ fees and costs, pursuant to section 448.08. . . . argues that the trial court erred in awarding attorney’s fees and costs to the employer under section 448.08 . . . court to award attorney’s fees and costs “to the prevailing party in an action for unpaid wages.” § 448.08 . . . these reasons, we find no error in the trial court’s award of attorney’s fees, pursuant to section 448.08 . . .
. . . damages in counts one though four under the FLSA and in counts six and seven under Florida statute § 448.08 . . . this Court should exclusively apply the Florida fee statute because “Plaintiff brought a claim under § 448.08 . . . Finally, defendants’ arguments supporting granting attorney’s fees under Florida statute § 448.08 all . . . It appears from the motion that defendants only sought recovery from plaintiff under § 448.08. . . .
. . . Caldwell moved for attorney’s fees pursuant to section 448.08, Florida Statutes (2005). . . .
. . . with the trial court that Curtis was entitled to an award of attorney fees and costs under section 448.08 . . .
. . . him minimum wage and overtime in accordance with the Fair Labor Standards Act (“FLSA”) and Section 448.08 . . .
. . . Goodwin alleged an entitlement to attorney’s fees in count one pursuant to section 448.08. . . . amend his complaint to assert a claim as ah independent contractor for attorney’s fees under section 448.08 . . . trial court, concluding that an independent contractor could not seek attorney’s fees under section 448.08 . . . Second, though we conclude that section 448.08 attorney’s fees do not apply to independent contractors . . . The jury’s finding will establish his entitlement to attorney’s fees and' costs under section 448.08. . . .
. . . ., 751 So.2d 143 (Fla. 1st DCA 2000), in which the arbitrator awarded attorney’s fees under section 448.08 . . . Although the employer had objected to the claim for attorney’s fees on the ground that section 448.08 . . .
. . . . § 448.08. . . . Defendant may have an exemption from paying Plaintiff his overtime”). .Plaintiff cites Florida Statute § 448.08 . . . Section 448.08 does not, however, .create or otherwise provide for a cause of action for back wages, . . . Stat. § 448.08 ("The court may award to the prevailing party in an action for unpaid wages costs of the . . . bring such a claim pursuant to Florida common law or, in the alternative, whatever statute other than § 448.08 . . .
. . . wages in violation of the Fair Labor Standards Act of 1938 (“FLSA”), Florida common law, and Chapter 448.08 . . .
. . . on the conversion claim, and that he was entitled to attorney’s fees and costs pursuant to section 448.08 . . . Pursuant to section 448.08, Florida Statutes (2004), the prevailing party in an unpaid wages claim is . . . As these amounts are considered wages pursuant to section 448.08, the trial court properly found that . . . 496 (Fla. 3d DCA 1992) (holding that unpaid commissions were “wages” within the meaning of section 448.08 . . . Section 448.08, Florida Statutes (2004), provides: "The court may award to the prevailing party in an . . .
. . . Bailey, 419 F.3d 1208 (11th Cir. 2005), or under the wages statute, § 448.08, Fla. . . .
. . . stated that the Plaintiff was liable for “attorneys’ fees for breach of contract and pursuant to Section 448.08 . . . Plaintiff notes that there was no claim made by Defendants pursuant to Section 448.08 and also notes . . . Florida Statutes § 448.08 . . . .
. . . employment was terminated, Krupa filed suit against Rosen seeking unpaid wages pursuant to section 448.08 . . . Krupa’s claim was essentially one for breach of contract rather than one for unpaid wages under section 448.08 . . . Krupa also filed motions to award attorney’s fees based on section 448.08, Florida Statutes, and costs . . . Following the Avatar criteria, Krupa’s section 448.08 unpaid wages claim was entirely independent of . . . We hold that Krupa was the prevailing party in his claim based on section 448.08. . . .
. . . In Count Two, under Chapter 448.08 of the Florida Statutes, he asserts that Maquipan wilfully failed . . .
. . . suit sought damages pursuant to the Fair Labor Standards Act, 29 U.S.C. section 216(b), and section 448.08 . . .
. . . So.2d 765 (Fla. 1st DCA 1994) (permitting fees for fees in claim for lost wages filed pursuant to § 448.08 . . . 1998) (denying fees for litigating amount of fees in wrongful termination action filed pursuant to § 448.08 . . .
. . . Department. 5. award plaintiff the costs of this action and a reasonable attorney’s fee pursuant to s. 448.08 . . .
. . . Weindruch on the authority of Paragraph 17 of the contract between the parties, as well as section 448.08 . . . Section 448.08 entitled, “Attorney’s fees for successful litigants in actions for unpaid wages,” indicates . . . Palma, 629 So.2d 830 (Fla.1993), to cases arising under section 448.08. . . . 275 (Fla. 2d DCA 1998), the Second District held that the prevailing party is entitled under section 448.08 . . .
. . . determined that Islam was entitled to receive an award of his reasonable attorney’s fees pursuant to section 448.08 . . . provided to him were “wages” within the meaning of the applicable prevailing party attorney’s fee statute: 448.08 . . . prevailing party in an action for unpaid wages costs of the action and a reasonable attorney’s fee. § 448.08 . . . for unpaid wages and that he was entitled to receive an award of attorney’s fees pursuant to section 448.08 . . . Therefore, Islam was entitled to receive an award of attorney’s fees and costs under section 448.08 of . . .
. . . the terms of her employment under the letter agreement with Enterprises in accordance with section 448.08 . . .
. . . expressly chose to limit Pal-ma and held that in an action for unpaid wages under Florida Statutes, section 448.08 . . . The court reconciled Palma by explaining that, unlike section 627.428(1), one purpose of section 448.08 . . . amount of fees, assuming that the time benefitted the client, comported with the purpose behind section 448.08 . . . There the court held that under section 448.08, the trial court may not award fees for time spent establishing . . .
. . . counsel in the lawsuit, not a party, attorney’s fees could not be awarded against him under section 448.08 . . .
. . . fees on the attorneys’ fees clause in the Stock Purchase Agreement, while Davis sought fees based on § 448.08 . . . Therefore, Davis relies exclusively on Florida Statute § 448.08 which provides a trial court with the . . . Stat. § 448.08 (1997). . . . The district court must have relied on F.S. § 448.08 in awarding Davis fees because that is the sole . . . Stat. § 448.08 (1997). . We recognize that we are making an “Erie” guess. Erie Railroad Co. v. . . .
. . . final judgment awarding attorney’s fees in favor of Charles Mason pursuant to the provisions of section 448.08 . . . Speer contends that Mason is not entitled to attorney’s feés since section 448.08 is applicable only . . . This court, in Ferry, upheld an attorney’s fee award under section 448.08 in an action by an employee . . . Section 448.08, Florida Statutes, provides that'''The court may award to the prevailing party in an action . . .
. . . On July 23, 1999, Barber filed a motion for prevailing party attorney’s fees under section 448.08 “for . . .
. . . other things, Merrill Lynch objected to arbitration of Cassedy’s attorney’s fee claim under section 448.08 . . . Specifically, Merrill Lynch asserted that “when ‘unpaid wages’ are sought in an arbitration, § 448.08 . . . Lynch repeatedly argued that the panel should deny Cassedy’s claim for attorney’s fees under section 448.08 . . . court, Merrill Lynch argued that it had asserted throughout the arbitration proceedings that section 448.08 . . . Instead, Merrill Lynch argued only that attorney’s fees were not awardable pursuant to section 448.08 . . .
. . . that Titus was not an independent contractor, such that he would be entitled to fees under section 448.08 . . .
. . . Pursuant to section 448.08, Florida Statutes (1995), the trial court may award attorney’s fees to the . . . She later amended her complaint to allege a claim for attorney’s fees pursuant to section 448.08 under . . . Following the second trial, the trial judge denied Coffie’s motion for attorney’s fees under section 448.08 . . .
. . . Dental Health, Inc., pursuant to the Fair Labor Standards Act, 29 U.S.C. section 216(b), and section 448.08 . . .
. . . the prevailing party, Goudie moved for and was awarded $138,610 in attorney’s fees based on sections 448.08 . . . The application of a multiplier in fees awarded pursuant to section 448.08, Florida Statutes (1995), . . .
. . . Larry Joseph appeals an order entered pursuant to section 448.08, Florida Statutes, awarding attorney . . . We reverse based on our determination that section 448.08* which allows a court to award attorney’s fees . . . Thereafter, the trial court granted Commonwealth’s motion for attorney’s fees based on section 448.08 . . . Section 448.08 provides: 448.08. . . . GRIFFIN, C.J., and GOSHORN, J., concur. . § 448.08, Fla. Stat. . . .
. . . . § 448.08. . . . . § 448.08 because the Fair Labor Standards Act is Plaintiffs exclusive remedy for lost wages. . . .
. . . In so deciding, the court relied on section 448.08, Florida Statutes, which limited fee awards to costs . . .
. . . Thus, an award of attorney’s fees, pursuant to section 448.08, Florida Statutes (1995), was appropriate . . .
. . . wife for the two younger children ($788), the court ordered the husband to pay to the wife the sum of $448.08 . . . Child Husband’s Support Obligation for Received Support Trial Court’s Method ($1450 + $607) $2057.00 $448.08 . . .
. . . Third District Court of Appeal held that Humberto Peña was entitled to attorney’s fees under section 448.08 . . . The court determined that section 448.08 entitled Peña to attorney’s fees for the action at law, but . . . We approve both of these cases to the extent that they interpret section 448.08 to require a literal . . . Section 448.08 is clear and unambiguous on its face: there must be “an action for back wages,” section . . . 448.08, Florida Statutes (1985) (emphasis added), to implicate the statutory entitlement. . . .
. . . National Life; count V, punitive damages; and count VI, attorney’s fees under sections 57.105, 86.081, 448.08 . . .
. . . . § 448.08, since it is actually a post-trial claim for attorneys’ fees which may or may not materialize . . .
. . . In support of her argument, claimant cites Florida Statute 448.08 which states that “[t]he (state) Court . . . Fla.Stat. 448.08 (1993). . . . See Fla.Stat. 448.08, 55.03(1), and 57.041 (1993). . . .
. . . Strasser moved for attorney’s fees pursuant to section 448.08, Florida Statutes (1991). . . . relief the trial court gave him constitutes an award of “unpaid wages” within the meaning of section 448.08 . . . Section 448.08, Florida Statutes (1991), provides: “[t]he court may award to the prevailing party in . . . issue addressed at trial did not involve an action for “unpaid” wages as that term is defined by § 448.08 . . . unpaid employee disability benefits is not an action for ‘unpaid wages’ within the meaning of Section 448.08 . . .
. . . Stein, 384 So.2d 167 (Fla. 3d DCA 1980), we hold that Pena is entitled under section 448.08, Florida . . .
. . . Attorney’s Fees Section 448.08, Florida Statutes (1993) provides that a “court may award to the prevailing . . .
. . . This cause is before us on appeal from a final order awarding attorney fees under section 448.08, Florida . . . At least one apparent purpose of section 448.08, Florida Statutes, is to encourage attorneys to represent . . .
. . . We agree that the broker’s claim for attorney’s fees under section 448.08, Florida Statutes (1987) was . . .
. . . The court determined Price was entitled to fees and costs pursuant to section 448.08, Florida Statutes . . . Section 448.08 reads: “Attorney’s fees for successful litigants in actions for unpaid wages.— The court . . .
. . . The award of attorney’s fees pursuant to Section 448.08, Fla.Stat. (1978) was error. . . .
. . . Miller, 489 So.2d 1139 (Fla. 1st DCA 1986) (section 448.08, Florida Statutes (1981), actions for unpaid . . .
. . . by separate order dated June 8, 1993, granted Weisfeld appellate attorney’s fees pursuant to section 448.08 . . . proceedings as are appropriate on Weisfeld’s application for attorney’s fees for trial under section 448.08 . . .
. . . under the authority of the above statute, the award is nonetheless perfectly sustainable under section 448.08 . . . prevailing party in an action for unpaid wages costs of the action and a reasonable attorney’s fee.” § 448.08 . . .
. . . Werthman applied to the Board for reinstatement and requested attorney’s fees under sections 230.234 and 448.08 . . . order, Werthman contends that he was entitled to an award of attorney’s fees and costs under section 448.08 . . . Section 448.08 provides for the payment of attorney’s fees in an “action” involving accrued, but unpaid . . . As with section 448.08, we find that the term “civil actions” as plainly used in section 230.234 does . . . Based on the above analysis, we find that sections 448.08 and 230.234 of the Florida Statutes do not . . .
. . . Appellant sought fees on the authority of section 448.08, Florida Statutes, which provides that a court . . . ., 492 So.2d 1101 (Fla. 4th DCA 1986), where severance pay was deemed wages for purposes of section 448.08 . . . By contrast, appellee in the case at bar has argued for a strict construction of section 448.08. . . . find that the trial court misconstrued Ferry, and that attorney’s fees are awardable under section 448.08 . . . However, section 448.08 vests with the trial court the ultimate discretion as to whether attorney’s fees . . .
. . . Unpaid commissions fall within the term “wages” when attorney’s fees are sought under section 448.08, . . .
. . . First, Appellant claims that Florida Statutes § 448.08 requires the Court to award attorney’s fees pursuant . . . 415 So.2d 791, 793 (Fla. 1st Dist.Ct.App.1982), which held that failure to award fees pursuant to § 448.08 . . . rejects this argument, finding Judge Paskay’s refusal to award attorney’s fees to be justified under § 448.08 . . . Fla.Stat. § 448.08 states: The court may award to the prevailing party in an action for unpaid wages . . .
. . . As to attorney’s fees under section 448.08, see Gulf Solar, Inc. v. . . .
. . . erred in holding that the appellee was entitled to an award of attorney’s fees pursuant to Section 448.08 . . . Section 448.08, Fla. . . . , contends and the trial court agreed that the monies owed him were “wages” within the meaning of § 448.08 . . . spent in this cause debating exactly what is the definition of an “employee”, the cases applying § 448.08 . . . have focused on whether the monies in dispute were in fact “wages” under § 448.08. . . .
. . . . § 448.08, Fla. . . .
. . . Additionally, we reverse the award of fees to the broker under section 448.08, Florida Statutes. . . .
. . . . § 448.08 and § 112.3187(9)(d), respectively. . . . Relying upon FLA.STAT.ANN. § 448.08 and § 112.3187(9)(d), the defendant claims it is a prevailing party . . . In terms of the application of section 448.08, the question is whether Count III of the amended complaint . . . Twomey, 496 So.2d 946 (Fla. 2nd DCA 1986) (section 448.08 applies to claims for unpaid monies owing under . . . Pursuant to Federal Rule 11, 42 U.S.C. § 1988, and FLA.STAT. §§ 448.08 and 112.-3187(9)(d), attorney’ . . .
. . . . § 448.08, Fla.Stat. (1987). . . . counter that Bradshaw’s failure to request attorney’s fees in his pleadings is fatal because section 448.08 . . .
. . . Publications (Tampa Bay) challenges a final judgment which awarded $9,375.00 in attorney fees under section 448.08 . . . In her complaint, Watkins demanded a reasonable attorney’s fee under section 448.08. . . . The trial court ruled that Watkins was entitled to an attorney fee award under section 448.08. . . . We also observed that section 448.08 does not require the trial court to impose fees on the successful . . . Section 448.08 specifically provides that the trial court may award the prevailing party a reasonable . . .
. . . Van Dusen’s motion for attorney’s fees under section 448.08, Florida Statutes (1987) is premature, because . . .
. . . This Final Application requests $571,863.00 in expenses and $33,-448.08 in expenses. . . .
. . . point is that the trial court erred in awarding attorney’s fees to General Telephone under section 448.08 . . . Despite General Telephone’s efforts to downplay their importance, the cases in which section 448.08 has . . . We are unable to formulate statutory construction gymnastics capable of importing section 448.08 into . . . General Telephone has argued that section 725.07 and section 448.08 are in pari materia and should be . . . To interpret section 448.08 as the - trial court has done would impose an even greater barrier to the . . .
. . . adverse to Godwin on his claim for unpaid wages or salary, Sentinel is a prevailing party under section 448.08 . . .
. . . motion for attorney’s fees, requested pursuant to section 57.105, Florida Statutes (1985), or section 448.08 . . . Our reversal of the directed verdict renders Mania’s attorney’s fee award premature under section 448.08 . . .
. . . 1356 (Fla. 5th DCA 1985) (involving attorney fees sought in an arbitrated labor dispute under section 448.08 . . .
. . . 1984) (wages defined as all remuneration for employment, including commissions, in context of section 448.08 . . .
. . . . § 448.08, Fla.Stat. (1987). . . .
. . . action for unpaid employee disability benefits, is entitled to an award of attorney’s fees under Section 448.08 . . . unpaid employee disability benefits is not an action for “unpaid wages” within the meaning of Section 448.08 . . . Coleman, as the prevailing party in the action, then filed a motion for attorney’s fees under Section 448.08 . . . II Section 448.08, Florida Statutes (1985), provides as follows; “The court may award to the prevailing . . . recover such employment “entitlements” is therefore not an “action for unpaid wages” under Section 448.08 . . .
. . . Miller, 489 So.2d 1139 (Fla. 1st DCA 1986) (interpreting § 448.08). . . .
. . . Section 448.08, Fla. . . . George Orr entered an Order on June 12, 1984 awarding attorney’s fees to an employee under Section 448.08 . . . Herbert Moriarity entered an Order on February 14, 1983 awarding attorney’s fees under Section 448.08 . . . disability pension in the present case was an action for unpaid wages within the meaning of Section 448.08 . . .
. . . an action for unpaid wages, appellant is entitled to attorney’s fees and costs pursuant to section 448.08 . . .
. . . for unpaid compensation under an employment contract, but denied him attorney’s fees under section 448.08 . . . contract did not come within the provision for attorney’s fees to the prevailing party under section 448.08 . . .
. . . its discretion by ruling on the merits of Aristar’s request for attorney’s fees pursuant to section 448.08 . . .
. . . the trial court’s denial of cross appellant’s attorney’s fees, which he sought pursuant to section 448.08 . . . Chapter 448 of the Florida Statutes provides in section 448.08 that attorney fees may be awarded by the . . . action is not one for unpaid wages within the definition of Chapter 448 of the Florida Statutes, section 448.08 . . . The plaintiff sought attorney’s fees pursuant to section 448.08, Florida Statutes (1985), which provides . . . definitions of "wages” is appropriate, that: (1) there is no definition of "wages” provided for in section 448.08 . . . with the trial court’s discretion in deciding whether to award an attorney’s fee pursuant to section 448.08 . . .
. . . This appeal is from an order awarding attorney’s fees under section 448.08, Florida Statutes (1983) ( . . .
. . . review: (1) whether the trial court erred in awarding attorney’s fees to Miller pursuant to Section 448.08 . . . statutory attorney’s fees to BRT on Count I; (3) whether the trial court erred in finding that Section 448.08 . . . awarded for the time of a legal assistant; and (4) whether the trial court erred in awarding Section 448.08 . . . motion to amend the third amended complaint to include a prayer for attorney’s fees pursuant to Section 448.08 . . . BRT was not a prevailing party as to Count I, and was not entitled to attorney’s fees under Section 448.08 . . . affirmative judgment is the prevailing party for purposes of an attorney’s fee award pursuant to Section 448.08 . . .