534 So. 2d 852 - Smith v. Bilgin’s Empirical Analysis
1988
Citation profile
3 state decisions
Relationships
Applies 15 U.S.C. § 45 (§ 5 of the Federal Trade Commission Act of 1914)
Relies on Brown v. Gardens by the Sea South Condominium Ass'n · 476 So. 2d 266 - Heindel v. Southside Chrysler-Plymouth, Inc. · 410 So. 2d 534 - LaFerney v. SCOTT SMITH OLDSMOBILE · Rustic Village, Inc. v. Friedman · 433 So. 2d 651 - Darrell Swanson Consol. Services v. Davis
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The plaintiff, as appellee, attempts to support the order appealed on the basis that once the trial court had found the [DTPA] Act “inapplicable,” it could not then utilize the act for the purpose of granting the prevailing defendant an attorney’s fee. It is apparent that this is not the case since the Act was applied in the action. It is simply that after being applied, it did not produce a remedy for this plaintiff. To some degree, such is the result in every case where a defendant prevails. The plaintiff, having invoked the Act, is liable for an attorney’s fee because he did not prevail.”
1 later decision quote this exact passage“This statutory language contemplates recovery of attorney's fees for hours devoted to the entire litigation . . . and does not require allocation of attorney time between the chapter 501 count and other alternative counts based on the same consumer transaction unless the attorney's services clearly were not related in any way to establishing or defending an alleged violation of chapter 501. Heindel v. Southside Chrysler-Plymouth, Inc., 476 So.2d 266, 271 (Fla. 1st DCA 1985). This means that where Chapter 501 claims are based on the same transaction as alternative theories of recovery,”
1 later decision quote this exact passage“no allocation of attorney's services need be made except to the extent counsel admits that a portion of the services was totally unrelated to the 501 claim or it is shown that the services related to issues, such as punitive damages, which were clearly beyond the scope of a 501 proceeding.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.