OMAR RODRIGUEZ, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• AETNA Cas. & Sur. Co. v. Edward Langel & Joan Langel, 587 So. 2d 1370 (Fla. 4th DCA 1991)
  …eal was taken. Lastly, the Langels’ application for appellate attorneys fees in the first appeal was denied by this court and such fees cannot thereafter be awarded by the trial court absent directions, which were not given. Carl v. Erickson, et ux, 394 So. 2d 1022 (Fla. 4th DCA 1980). So they are not payable as appellate fees. In sum, we can find no valid basis for an award of additional attorneys fees payable by Aetna to the Langels or to any of their attorneys. The trial court was in error in awarding them…
• Bissmeyer v. Se. Bank, N.A., 596 So. 2d 678 (Fla. 2d DCA 1991)
  …o. 2d 685 (Fla.1969), and was also affected by the change in appellate rules. To avoid confusion, we announce that this court follows the guidelines described in In re Estate of Udell, 501 So. 2d 1286 (Fla. 4th DCA 1986). See also, Cari v. Erickson, 394 So. 2d 1022 (Fla. 4th DCA 1981). The order awarding fees was not paid by the estate pending the first appeal. When that appeal was concluded, the circuit court refused to add interest to that award, finding that the payment was not arbitrarily withheld. The r…
• In re The Est. OF Daniel A. Udell, 501 So. 2d 1286 (Fla. 4th DCA 1986)
  …of Appellate Procedure, although the amount of the fee may be determined by the lower tribunal upon remand for that purpose. The lower tribunal has no authority to grant attorney's fees for appellate services in the first instance. Cari v. Erickson, 394 So. 2d 1022 (Fla. 4th DCA 1981); Howell v. Howell, 183 So. 2d 261 (Fla. 2d DCA 1966). The general rule, then, is that only the appellate court is authorized to award attorney’s fees to the prevailing party and against the losing party. In probate proceedings t…

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