FLORIDA: AN APPROACH TO THIRD PARTY FUNDING

By Ana Elena Tovar Pigna. Associate at WDA Legal and Record Rieber P.A. ( Miami, Florida )

This article will discuss the implications of the Florida Third District Court of Appeal´s decision in Abu-Ghazaleh v. Chaul on the development of third party funding in Florida. In Abu-Ghazaleh, the Third District Court of Appeal—in using a very broad definition of party—held that when a third party funder rises to the level of party and, consequently, the third party funder could be liable for statutory cost awards and attorneys fees. The proposition is that the Third District´s decision in Abu-Ghazaleh will have both positive and negative effects on third party funding in Florida.