NORTH BROWARD HOSPITAL DISTRICT D/B/A BROWARD GENERAL MEDICAL CENTER, AND JENNIE POORE, CRNA, APPELLANTS,
v.
NANCY FINKELSTEIN AND ALEXANDER FINKELSTEIN, HER HUSBAND, APPELLEES
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The Finkelsteins obtained a medical malpractice judgment against North Broward Hospital District and a nurse anesthetist, but the judgment did not reserve jurisdiction for attorney's fees. After the judgment became final, the Finkelsteins moved to assess $25,000 in attorney's fees, which the trial court awarded. The appellate court reversed, holding that a trial court lacks jurisdiction to award attorney's fees after a final judgment becomes final unless the judgment expressly reserves jurisdiction for that purpose.
The trial court lacks jurisdiction to award attorney's fees after a final judgment has become final through passage of time if that judgment does not expressly reserve jurisdiction for attorney's fees. Although the Finkelsteins, as prevailing parties in a medical malpractice action, would clearly be entitled to attorney's fees under Florida Statutes Section 768.56, the jurisdictional defect prevents the award.
[1] A trial court lacks jurisdiction to award attorney's fees after a final judgment has been entered and become final through the passage of time, unless the judgment expres…
[2] A final judgment is conclusive on all issues and facts that were in dispute, settling all claims of the parties.
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Join FLexlaw to unlock all legal intelligence“We hold that the trial court is without jurisdiction to make an award of attorney's fees after entry of final judgment, and that judgment has become final through passage of time, if that judgment does not expressly provide for a reservation of jurisdiction for that purpose.”
States the core holding regarding the jurisdictional requirement for reserving attorney's fees in the judgment.
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Join FLexlaw to unlock all legal intelligenceMr. and Mrs. Finkelstein sued appellants for medical malpractice and obtained a judgment in their favor. The judgment reserved jurisdiction for taxati…
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PER CURIAM.
Mr. and Mrs. Finkelstein sued appellants for medical malpractice and received a judgment in their favor. The judgment reserved jurisdiction for the taxation of costs. It did not reserve jurisdiction for an award of attorney’s fees.
After entry of judgment, and after it had become final through passage of time, the Finkelsteins made a motion to assess attorney’s fees. The amount of $25,000.00 was awarded. Appellants are aggrieved. This appeal ensued. We reverse.
We hold that the trial court is without jurisdiction to make an award of attorney’s fees after entry of final judgment, and that judgment has become final through passage of time, if that judgment does not expressly provide for a reservation of jurisdiction for that purpose. Jackson v. Jackson, 390 So. 2d 787 (Fla. 1st DCA 1980); Oyer v. Boyer, 383 So. 2d 717 (Fla. 4th DCA 1980); Frumkes v. Frumkes, 328 So. 2d 34 (Fla. 3d DCA 1976). But see Young v. Altenhaus, 448 So. 2d 1039 (Fla. 3d DCA 1983).
Except for the jurisdictional flaw, the Finkelsteins would clearly be entitled to attorney’s fees under the provisions of Section 768.56, Florida Statutes (1983), inasmuch as they were the prevailing parties in a medical malpractice action.
How could this problem have been avoided? Of course, the trial court could and should have reserved jurisdiction to award attorney’s fees. On the other hand, counsel could have called the omission to the trial court’s attention by a timely motion under the provisions of Florida Rule of Civil Procedure 1.530. Perhaps, depending on the facts, a remedy could be found under Florida Rule of Civil Procedure 1.540.
Finally, an appeal of the final judgment could have been lodged because of its failure to award attorney’s fees or reserve jurisdiction for that purpose. Such appeal would be premised upon the notion that once a final judgment is rendered on the merits of a cause by a court of competent jurisdiction, that judgment becomes conclusive on the questions and facts which were in issue. In other words, an adjudication contemplates that the claims of all parties have been considered and set at rest. See Harris v. Great Southern Life Ins. Co., 558 F.Supp. 689 (M.D.Fla.1983); Tucker v. Walker, 335 So. 2d 636 (Fla. 2d DCA 1976); Miller v. Scobie, 152 Fla. 328, 11 So. 2d 892 (1943).
Reversed.
DOWNEY, HURLEY and WALDEN, JJ., concur.
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Finkelstein v. N. Broward Hosp. Dist., 484 So. 2d 1241 (Fla. 1986)…ADKINS, Justice. We have for review North Broward Hospital District v. Finkelstein, 456 So. 2d 498 (Fla. 4th DCA 1984), which directly and expressly conflicts with Young v. Altenhaus, 448 So. 2d 1039 (Fla. 8d DCA 1983), quashed on other grounds 472 So. 2d 1152 (Fla.1985). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. The Finkelsteins sued…
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Frisard v. Frisard, 468 So. 2d 399 (Fla. 4th DCA 1985)…PER CURIAM. We reverse an award of attorney’s fees because the final judgment failed to reverse jurisdiction for that purpose. As noted in North Broward Hospital District v. Finkelstein, 456 So. 2d 498 (Fla. 4th DCA 1984), “the trial court is without jurisdiction to make an award of attorney’s fees after entry of final judgment, and that judgment has become final through passage of time, if that judgment does not expressly provide for a reservatio…
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Compton v. Gator Off. Supply & Furniture, Inc., 471 So. 2d 216 (Fla. 4th DCA 1985)…s damages and costs in favor of the appellee. Because the trial court failed to reserve jurisdiction to award attorney’s fees, however, we reverse the award of attorney’s fees in favor of appellee. See North Broward Hospital District v. Finkelstein, 456 So. 2d 498 (Fla. 4th DCA 1984). AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. HURLEY and BARKETT, JJ., and WES-SEL, JOHN D., Associate Judge, concur.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Lenore Miller and Wallace Ruff v. Scobie, 152 Fla. 328 (Fla. 1943)
- Melvyn B. Frumkes v. Frumkes, 328 So. 2d 34 (Fla. 3d DCA 1976)
- Oyer v. Boyer, 383 So. 2d 717 (Fla. 4th DCA 1980)
- Jackson v. Jackson, 390 So. 2d 787 (Fla. 1st DCA 1980)
- Jerrold Young, M.D. v. Fern Altenhaus, 448 So. 2d 1039 (Fla. 3d DCA 1983)
- Tucker v. Walker, 335 So. 2d 636 (Fla. 2d DCA 1976)
- Harris v. Great S. Life Ins., 558 F. Supp. 689 (M.D. Fla. 1983)