Parker v. Bd. of Trs.

Petitioner, a retired Tampa firefighter, filed a class action complaint against the Board of Trustees of the City Pension Fund for Firefighters and Police Officers in the City of Tampa (Board), claiming that the Board failed to pay benefits under a firefighter and police officer pension plan established by local law. Parker and the Board agreed to a settlement, which the trial court approved. The trial court subsequently determined that Petitioner and others similarly situated were entitled to reasonable attorneys’ fees. The Second District reversed the court’s decision to require the Board to pay the fees, instead concluding that the attorney’s fees were to be paid from the settlement proceeds. Specifically, the court concluded that the local law plan was “not part of the general statutory construct” of Fla. Stat. 175 and 185. The Supreme Court quashed the Second District’s decision, holding that the prevailing party attorney’s fees provisions of Fla. Stat. 175.061(5) and 185.05(5) are applicable to judicial proceedings to enforce claims under local law plans. View "Parker v. Bd. of Trs." on Justia Law