Losada v. Humana Medical Plan, Inc.

Jose Losada appeals the denial of attorney’s fees and costs in an action brought against him by appellee Humana Medical Plan, Inc. We affirm in part and reverse in part.

Humana filed suit against Losada seeking injunctive relief under subsection 812.035(6), Florida Statutes (1989). We agree with Losada that attorney’s fees are awardable to a defendant under subsection 812.035(7), Florida Statutes, where a private plaintiff seeks injunctive relief pursuant to subsection 812.035(6), “upon a finding that the claimant raised a claim which was without substantial fact or legal support.” Id. §…