Appellants Antonio Paz and Pedro Realty, Inc., defendants below, appeal from an order of the trial court awarding attorneys’ fees to Pedro Hernandez.
In 1986, Hernandez sued the appellants in an action on a note. A final judgment was entered in favor of Hernandez for $8,311.63 in December 1986. This judgment was not immediately satisfied by appellants. Hernandez thereafter hired a succession of attorneys who were unable to collect on the judgment. In 1992, the fourth attorney retained by Hernandez located two bank accounts and a boat valued at $35,000 belonging to appellants. In 1993, pursuant to section 77.01, Florida Statutes (1993), the garnishment
Thereafter, Hernandez filed a motion for attorneys’ fees pursuant to sections 57.105 and 57.115, Florida Statutes (1993). After two hearings, the trial court denied attorneys’ fees pursuant to section 57.105 but awarded attorneys’ fees pursuant to section 57.115. The trial court found a reasonable fee to be $2,625.00 with a lodestar multiplier of 2.0 pursuant to Florida Patient’s Compensation Fund v. Rowe,
Of the numerous issues raised on appeal by appellants, we need only address the issue regarding Hernandez’s entitlement to attorneys’ fees pursuant to section 57.115. Section 57.115(1) provides for an award of reasonable costs and attorneys’ fees against a judgment debtor incurred by a judgment creditor “in connection with execution on a judgment.” Appellants argue that Hernandez is not entitled to an award of attorney’s fees because he did not execute on a judgment. Instead he proceeded under the garnishment statute (§ 77.01) which contains no statutory provision for the recovery of attorneys’ fees by a successful plaintiff against the defendant.
Garnishment statutes are in derogation of the common law and must be strictly construed. Robert C. Malt & Co. v. Colvin,
It is well-settled law that attorneys’ fees may be awarded by a court only when authorized by statute or by agreement of the parties. State Farm Fire & Casualty Co. v. Palma,
Reversed.
Notes
. Chapter 77 does, however, allow the garnishee to recover a reasonable attorneys’ fee from the plaintiff. Under section 77.28, the plaintiff must deposit $100 in the court registry before applying for a writ of garnishment in order to help offset the garnishee's costs and fees which will be incurred as a result of the writ.
