Florida Legal Blog
Tortious Interference in Florida: How to Prove the Claim, Defend Against It, and Measure Damages
Tortious interference is a powerful Florida business tort, but it is not a shortcut for every broken deal, lost customer, or competitive business loss. A successful claim usually requires proof of a real contract or identifiable business relationship, the defendant’s knowledge of that relationship, intentional and unjustified interference, causation, and measurable damages. This article explains how Florida courts analyze tortious interference claims, the difference between interference with a contract and interference with a business relationship, common defenses such as privilege, competition, lack of causation, and the “stranger” doctrine, and the types of damages that may be available in a Florida business litigation case.
Can You Recover Attorney’s Fees for Litigating the Amount of Attorney’s Fees in a Florida Family Law Case?
Can a Florida family law party recover attorney’s fees incurred litigating the amount of attorney’s fees? The answer currently depends on the appellate district and the type of fee proceeding. Florida’s Second, Third, and Fourth District Courts of Appeal have reached different conclusions, and the Florida Supreme Court has accepted review in Schultheis v. Schultheis.
When Does a Florida Court Measure Need and Ability to Pay Attorney’s Fees in Florida Family Law Cases?
Florida courts must assess need and ability to pay attorney’s fees under sections 61.16 and 742.045 at the correct time in divorce and paternity cases, which is during the relevant proceedings and typically at the conclusion of the final hearing.