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Assault Libel & Slander | Florida Southern
Order on Motion for Attorney Fees
PAPERLESS ORDER DENYING without prejudice the 343 Motion for Attorney Fees and Costs. “Deferring ruling on a motion for attorney’s fees and costs pending an appeal... is a matter within the court’s discretion, and courts will defer ruling in the interests of judicial economy.” Benavides v. Tesla, Inc., 2025 WL 3692582, at *2 (S.D. Fla. Dec. 19, 2025) (Bloom, J.) (cleaned up). And, as the Advisory Committee Notes to Rule 54 explain, “­­[i]f an appeal on the merits of the case is taken, the court may rule on the claim for fees, may defer its ruling on the motion, or may deny the motion without prejudice.” Fed. R. Civ. P. 54(d), Advisory Committee Notes to the 1993 Amendments; see also Spatz v. Microtel Inns & Suites Franchising, Inc., 2012 WL 13005550, at *2 (S.D. Fla. June 11, 2012) (Rosenbaum, Mag. J.).
This case is currently pending appeal to the Eleventh Circuit, which may impact the Defendants’ motions for attorney’s fees and costs. See Notice of Cross Appeal 339 . We’ll therefore exercise our “discretion to decide attorney’s fees and costs after the resolution” of the appeal. U.S. Bank Nat’l Ass’n v. Bal Harbour Oral & Facial Surgery, LLC, 2025 WL 3111076, at *3 (S.D. Fla. Aug. 26, 2025). The Defendants may renew any motions within 30 days after the Eleventh Circuit issues its mandate resolving the final pending appeal. In other words, the parties should not move for attorney’s fees until every appealed issue has been resolved.
Order Referring Motion
ORDER REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE 343 MOTION for Attorney Fees. Motions referred to Judge Yeney Hernandez. Signed by Judge Roy K. Altman on 6/9/2026. See attached document for full details. (ebz)
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