THOMAS PARHAM, JR., ETC., PETITIONER,
v.
JACK PRICE, ET AL., RESPONDENTS
Explore caselaw by topic → Browse Final Judgment cases and more on FLexlaw
OVERTON, Judge.
This is a petition to review Parham v. Price, 486 So. 2d 34 (Fla. 1st DCA 1986), in which the district court held that, when a prevailing party has properly pleaded entitlement to attorney fees pursuant to the terms of a contract, the proof of such fees may be presented for the first time after final judgment pursuant to a motion for attorney fees.
The district court certified this holding as presenting a question of great public importance.* We recently answered this question in Finkelstein v. North Broward Hospital District, 484 So. 2d 1241 (Fla.1986). Accordingly, we approve the district court holding in the instant case.
It is so ordered. MCDONALD, C.J., and ADKINS, BOYD, EHRLICH, SHAW and BARKETT, JJ., concur. *
We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Cheek v. McGOWAN Elec. Supply Co., 511 So. 2d 977 (Fla. 1987)…,” MAY THE PROOF OF SUCH FEES BE PRESENTED FOR THE FIRST TIME AFTER FINAL JUDGMENT PURSUANT TO A MOTION FOR ATTORNEY’S FEES BY THE PREVAILING PARTY? 483 So. 2d at 1381. We have recently answered this question in the affirmative in Parham v. Price, 499 So. 2d 830 (Fla.1986). Consistent with our decision in Parham, we reject Cheek’s contention that under article I, section 22 of the Florida Constitution he has a right to a jury determination of reasonable attorney’s fees as provided for under the note. In Mid…1 / 2
-
Amlan, Inc. v. Detroit Diesel Corp., 651 So. 2d 701 (Fla. 4th DCA 1995)…lstein, the supreme court held that where a prevailing party had properly pleaded entitlement to attorney’s fees pursuant to the terms of a contract, the trial court had jurisdiction to entertain a motion filed after final judgment. Parham v. Price, 499 So. 2d 830 (Fla.1986). In McGurn v. Scott, 596 So. 2d 1042 (Fla. 1992), the supreme court distinguished a final judgment which reserved jurisdiction to consider prejudgment interest from post-judgment adjudications of attorney’s fees and costs. An award of at…
-
West v. Rejina Reba West, 534 So. 2d 893 (Fla. 5th DCA 1988)…ty of Bowman on the issue of notice to a defaulted defendant on plaintiffs claim for attorney’s fees is seriously in doubt in the light of the more recent decisions in Cheek v. McGowan Electric Supply Co., 511 So. 2d 977 (Fla.1987); Parham v. Price, 499 So. 2d 830 (Fla.1986); and Finkelstein v. North Broward Hospital District, 484 So. 2d 1241 (Fla.1986). In Cheek, the supreme court held that attorney’s fees are not recoverable as part of damages, but are ancillary to the damage claim. Moreover, in Finkelstein…
Authorities Cited
- Finkelstein v. N. Broward Hosp. Dist., 484 So. 2d 1241 (Fla. 1986)
- Davis v. Fla. Power Corp., 486 So. 2d 34 (Fla. 2d DCA 1986)
- Parham v. Price, 486 So. 2d 34 (Fla. 1st DCA 1986)