Split Panel:  Attorney Fees Properly Denied In Defective Stucco Coverage Suit

Mealey's (May 9, 2023, 1:19 PM EDT) -- ATLANTA — A federal district court did not err in determining that it lacked subject matter jurisdiction to award attorney fees under a Florida statute to a homebuilder and a subcontractor in a coverage dispute stemming from the subcontractor’s alleged faulty exterior stucco work because, under 11th Circuit U.S. Court of Appeals precedent, attorney fees under the statute are “integral to the merits,” and, therefore, the lower court lacked the necessary jurisdiction to award such fees, a divided 11th Circuit panel ruled in affirming in an unpublished opinion....