TALLAHASSEE, Fla. — A federal appeals court this week tossed out a ruling that would have required the University of Florida to pay more than $372,000 in legal fees in a lawsuit filed by professors about serving as expert witnesses in court cases.
The decision by a three-judge panel of the 11th U.S. Circuit Court of Appeals came after a February opinion by the U.S. Supreme Court in a Virginia case that raised similar issues.
Lawyers for the University of Florida and the professors on March 17 filed a joint motion saying the UF fees dispute should be dismissed because of the Supreme Court ruling.
UF political-science professors Sharon Austin, Michael McDonald and Daniel Smith filed a lawsuit in 2021 after university officials denied their requests to serve as witnesses for groups fighting a state elections law in court.
Chief U.S. District Judge Mark Walker in 2022 issued an injunction, finding that the university violated the professors’ First Amendment rights.
The university appealed the injunction, and the case was ultimately dismissed last year after UF officials adopted a revised policy about the disputed issues.
But Walker in November awarded $372,219 in fees to attorneys who represented the professors, while also tacking on $1,575 in costs.
UF fought the fee award at the Atlanta-based appeals court.
In the February opinion in the Virginia case, the Supreme Court found that the term “prevailing party” for purposes of attorney fees does not include a party who is awarded a preliminary injunction if the case becomes moot before a final judgment.
In the March 17 joint motion in the UF case, lawyers said they agreed Walker’s order on attorney fees should be “vacated” because of the U.S. Supreme Court opinion.
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