Roig Win for Nathalie Acosta

November 2, 2023

Nathalie Acosta received a GREAT WIN!

This is an interesting case in which Plaintiff had previously filed this lawsuit back in 2015 and it was resolved, including attorney’s fees, and Plaintiff voluntarily dismissed the 2015 lawsuit with prejudice. However, on January 25th, 2019, Plaintiff filed a second lawsuit for the same accident, on behalf of the same claimant, against the same insurance carrier.

Our position: the subject 2019 lawsuit was barred by the Doctrine of Res Judicata. At Summary Judgment, the Court denied defendant’s position on the Doctrine of Res Judicata, BUT the court reserved jurisdiction for Plaintiff to seek entitlement to attorney’s fees and costs.

Plaintiff did not file its motion for entitlement for attorney’s fees and costs until 712 days after final judgment was entered. The Florida Rules of Civil Procedure 1.525 and subsequent Florida case law have made clear that a bright-line time requirement of thirty (30) days has been established for filing a motion for attorney’s fees and costs after Final Judgment has been issued. That is exactly what was argued at the hearing in St. John’s County Courthouse in front of the Honorable Judge Alexander R. Christine, Jr.

Nathalie stated, “I was elated to tell the client that we prevailed on this case, and they were pleased to hear that they were not obligated to pay attorney’s fees and costs! I am so proud to be a part of Roig and knowing that I have colleagues that I can count on for support and help me excel in my legal career. (You know who you are!)”