EDWARD ARTHUR MANEY, APPELLANT,
v.
RUTH SEBASTIAN MANEY, APPELLEE

Fla. 1st DCA | 1982-04-26
No. AE-215
ERVIN and WENTWORTH, JJ., concur.
413 So. 2d 131 Florida District Court of Appeal, First District (1982) Caution
Cited by 6 cases

Opinion of the Court
SHIVERS, Judge.

SHIVERS, Judge.

Husband appeals an April 27, 1981, order awarding wife attorney’s fee following entry of an earlier final order giving full faith and credit to a Kentucky divorce decree. The order establishing the Kentucky decree in Florida was rendered June 18, 1980. It did not reserve jurisdiction to award an attorney’s fee. The wife filed a motion for attorney’s fees on July 3, 1980. Since the motion was filed after the time for filing petition for rehearing had passed (Fla.R. Civ.P. 1.530(b)), the trial court lacked jurisdiction to award the attorney’s fees. Frumkes v. Frumkes, 328 So. 2d 34 (Fla. 3d DCA 1976). Accordingly, the order appealed is REVERSED.

ERVIN and WENTWORTH, JJ., concur.


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Cited By

  • Woolfson v. Alynn Rose, 448 So. 2d 1176 (Fla. 3d DCA 1984)
    …fe’s entitlement vel non to fees and costs. Finally, this is not a case where the trial court can be said to have lost jurisdiction to award attorneys’ fees and costs because of its failure to reserve or retain such jurisdiction. Cf. Maney v. Maney, 413 So. 2d 131 (Fla. 1st DCA 1982); Berlin v. Berlin, 395 So. 2d 1260 (Fla. 3d DCA), rev. denied, 402 So. 2d 607 (Fla.1981); Oyer v. Boyer, 383 So. 2d 717 (Fla. 4th DCA 1980); Frumkes v. Frumkes, 328 So. 2d 34 (Fla. 3d DCA 1976). It was the master who did not rese…
  • Gaudiosi v. Gaudiosi, 476 So. 2d 709 (Fla. 4th DCA 1985)
    …fe’s entitlement vel non to fees and costs. Finally, this is not a case where the trial court can be said to have lost jurisdiction to award attorneys’ fees and costs because of its failure to reserve or retain such jurisdiction. Cf. Maney v. Maney, 413 So. 2d 131 (Fla. 1st DCA 1982); Berlin v. Berlin, 395 So. 2d 1260 (Fla. 3d DCA), rev. denied, 402 So. 2d 607 (Fla.1981); Oyer v. Boyer, 383 So. 2d 717 (Fla. 4th DCA 1980); Frumkes v. Frumkes, 328 So. 2d 34 (Fla. 3d DCA 1976). It was the master who did not rese…
  • Jannell McBRIDE v. McBRIDE, 549 So. 2d 787 (Fla. 2d DCA 1989)
    …erting that the court lost jurisdiction to consider the issue when the time expired for filing a motion for rehearing under Rule 1.530(b), Florida Rules of Civil Procedure. In granting the husband’s motion, the trial court relied on Maney v. Maney, 413 So. 2d 131 (Fla. 1st DCA 1982). In Maney the wife’s motion to assess attorneys’ fees was also filed beyond the time for the filing of a motion for rehearing. The final judgment, which gave full faith and credit to a Kentucky divorce decree, did not reserve jur…

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