SHELDON LOBEL AND ADELE R. LOBEL, APPELLANTS,
v.
SOUTHGATE CONDOMINIUM ASSOCIATION, INC., APPELLEE

Fla. 4th DCA | 1983-04-13
No. 82-461
LETTS, C.J., DOWNEY, J., and GOLDMAN, MURRAY, Associate Judge, concur.
436 So. 2d 170 Florida District Court of Appeal, Fourth District (1983) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

This case is per curiam affirmed. However, we pause to comment on the motion for attorneys fees, made by the successful appellee, which we deny.

Increasingly we note a tendency to seek attorneys fees out of season. The Florida Rule of Appellate Procedure 9.400(b) calls for the filing of such a motion no later than the time for service of the reply brief. In the case now before us the reply brief was filed on November 8, 1982 and it was not until over five months later that the motion for fees was filed. It is because of this tardiness that we have denied it.

LETTS, C.J., DOWNEY, J., and GOLDMAN, MURRAY, Associate Judge, concur.


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