DAVID WALLACE, APPELLANT,
v.
WALTON CONTEXT BUILDING AND UNITED STATES FIDELITY & GUARANTY COMPANY, APPELLEES
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The court held that for appeals perfected before October 1, 1979, an employee seeking an appellate attorney's fee may file the motion at any time before the court loses jurisdiction.
Wallace, who prevailed on appeal, moved for reconsideration of an order denying his attorney an appellate attorney's fee. The case was transferred to …
The full statement of facts, procedural history, and disposition for this case are member content.
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MILLS, Chief Judge.
Wallace, who prevailed on appeal of this workers’ compensation case, moves the Court to reconsider its order denying his attorney an appellate attorney’s fee. We grant the motion, vacate our order and award his attorney an appellate attorney’s fee of $300.
This appeal was perfected before jurisdiction was vested in this Court and was transferred here on 1 October 1979 pursuant to Section 440.271, Florida Statutes (1979). The Industrial Relations Commission had no rule requiring the filing of a motion for attorney’s fee. There is no rule in the Florida Workers’ Compensation Rules of Procedure, 374 So. 2d 981 (Fla.1979). By our decision in Fla. Dept. Comm., Div. of Risk Management v. Davies, 379 So. 2d 1313 (1980), we established the requirement that for an employee to be awarded an appellate attorney’s fee he or she must file a motion requesting the fee no later than the time required for the filing of the reply brief.
For the future guidance of attorneys, we hold that in all appeals perfected before 1 October 1979 an employee seeking an appellate attorney’s fee may file a motion requesting the fee at any time before this Court loses jurisdiction of the case. This rule will also apply to appeals taken between 1 October 1979 and 13 February 1980, provided the reply brief was filed or the time for filing had expired before 13 February 1980. Our decision in Fla. Dept. of Comm. Div. of Risk Management v. Davies applies to appeals taken after 13 February 1980 and to those taken between 1 October 1979 and 13 February 1980 where the reply brief was not filed or the time for filing had not expired before February 1980.
Motion for rehearing is granted, order denying appellate attorney’s fee is vacated, and Wallace’s attorney is awarded an appellate attorney’s fee of $300.
McCORD and BOOTH, JJ., concur.
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Munroe Mem'l Hosp. & All Risk Corp. of Fla. v. Thompson, 388 So. 2d 1338 (Fla. 1st DCA 1980)…be denied because that request was presented in the claimant’s brief, rather than by filing a separate motion. See Florida Dept. of Commerce, Div. of Risk Management v. Davies, 379 So. 2d 1313 (Fla. 1st DCA 1980); Wallace v. Walton Context Building, 383 So. 2d 729 (Fla. 1st DCA 1980). MILLS, C. J., and McCORD, J., concur.…
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Documation, Inc. v. Pence, 390 So. 2d 1248 (Fla. 1st DCA 1980)…termined that Rule 9.400(b) of the Florida Rules of Appellate Procedure requires that a motion for attorney’s fees be filed separately. See Florida Dept. of Commerce v. Davies, 379 So. 2d 1313 (Fla. 1st DCA 1980); Wallace v. Walton Context Building, 383 So. 2d 729 (Fla. 1st DCA 1980); Munroe Memorial Hospital v. Thompson, 388 So. 2d 1338 (Fla. 1st DCA 1980). McCORD, SHIVERS and JOANOS, JJ„ concur. ■…
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Green v. SUN Harbor Homeowners' Ass'n, Inc., 685 So. 2d 23 (Fla. 4th DCA 1996)…separate motion, that party will not be entitled to appellate attorney's fees. Melweb Signs, Inc. v. Wright, 394 So. 2d 475 (Fla. 1st DCA 1981); Munroe Memorial Hasp. v. Thompson, 388 So. 2d 1338 (Fla. 1st DCA 1980); Wallace v. Walton Context Bldg., 383 So. 2d 729 (Fla. 1st DCA 1980); see also Albin v. Kramer, 641 So. 2d 973 (Fla. 4th DCA 1994). .In Chittenden the party seeking attorney’s fees filed her motion for attorney’s fees one day prior to trial. However, in denying attorney's fees we emphasized that…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Fla. Dep't of Commerce v. Davies, 379 So. 2d 1313 (Fla. 1st DCA 1980)
- William v. Gruman, 379 So. 2d 1313 (Fla. 2d DCA 1980)
- In re Florida Workers' Compensation Rules of Procedure, 374 So. 2d 981 (Fla. 1979)