Williams Holding Corporation v. Vi-Tel Wireless, LLC et al

Filing 6

ORDER: Defendant L. Scott Roger's Motion to Dismiss Count VII of Plaintiff's Complaint 5 is GRANTED. Count VII of Plaintiff's Complaint is dismissed and construed as a request for attorney's fees under the relevant causes of action. Signed by Judge James S. Moody, Jr on 3/10/2015. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

WILLIAMS HOLDING CORPORATION,
Plaintiff,
v.

Case No: 8:15-cv-180-T-30TGW

VI-TEL WIRELESS, LLC, JAMES
PEARSON, LARRY A. ROGERS and
L. SCOTT ROGERS,
Defendants.

ORDER
THIS CAUSE comes before the Court upon Defendant L. Scott Roger’s Motion to
Dismiss Count VII of Plaintiff’s Complaint (Dkt. #5). Upon review of Defendant’s
motion, the Court concludes that it should be granted for the reasons stated therein.
Specifically, as Defendant points out, Count VII is a purported cause of action for recovery
of attorney’s fees with no substantive allegations supporting a breach of the underlying
agreements.

Such a claim is inappropriate because the law does not recognize an

independent claim for attorney’s fees. As such, Count VII is dismissed and construed as
a request for attorney’s fees under the underlying causes of action. Accordingly, it is
ORDERED AND ADJUDGED that:
1.

Defendant L. Scott Roger's Motion to Dismiss Count VII of Plaintiff’s

Complaint (Dkt. #5) is GRANTED.

2.

Count VII of Plaintiff’s Complaint is dismissed and construed as a request

for attorney’s fees under the relevant causes of action.
DONE and ORDERED in Tampa, Florida, this 10th day of March, 2015.

Copies furnished to:
Counsel/Parties of Record
S:\Even\2015\15-cv-180 mtd 5.docx

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