F. GARY GIESEKE, APPELLANT,
v.
HAYDEE GIESEKE, APPELLEE
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The trial court lacked the authority to order the husband to pay attorney's fees and costs for the wife's cross-appeal.
The husband appealed an order requiring him to pay attorney's fees and costs for the wife's cross-appeal from a final judgment of dissolution.…
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PER CURIAM.
In this interlocutory appeal, we consider the husband’s assertion that the trial court’s order requiring him to pay attorney’s fees and costs “for the [wife’s cross-] appeal” from the final judgment of dissolution requires reversal. Agreeing that the trial court lacked authority to enter the subject order, we reverse.
In order to obtain fees and costs for the preparation of an appeal, a litigant must first request the fees from the appellate court. Fla.R.App.P. 9.400(b). Thornton v. Thornton, 433 So. 2d 682 (Fla. 5th DCA 1983); Winner v. Winner, 376 So. 2d 924 (Fla. 3d DCA 1979); Mullins v. Mullins, 342 So. 2d 83 (Fla. 4th DCA 1976); Ludemann v. Ludemann, 317 So. 2d 860 (Fla. 4th DCA 1975). “The question of whether to award attorney’s fees for services on appeal in domestic litigation is a prerogative of the appellate court.” Thornton, 433 So. 2d at 684; Ludemann, 317 So. 2d at 861. “The assessment of attorney’s fees may be remanded to the lower tribunal.” Fla.R.App.P. 9.400(b).
Appellate costs may be taxed in the lower court only after the issuance of a mandate by the appellate court. Mullins. The wife’s contention that Florida Rule of Appellate Procedure 9.600(c) authorizes the trial court to assess fees and costs lacks merit. The attorney’s fees and costs discussed in rule 9.600(c) are limited to those incurred in the trial court; the rule does not contemplate the taxation of fees or costs for appeal preparation. Winner. See Thornton; Mullins; Ludemann.
Accordingly, we reverse the order entered below.
BASKIN, NATALIE, PEARSON, DANIEL S., and FERGUSON, WILKIE D., Jr., Associate Judges, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (15 total)
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Boyer v. Boyer, 588 So. 2d 615 (Fla. 5th DCA 1991)…rsuant to section 61.16, Florida Statutes (1989) and Florida Rule of Appellate Procedure 9.600(c), and it was denied on the basis that the trial court had no jurisdiction to consider such a motion absent an appellate mandate. See Gieseke v, Gieseke, 499 So. 2d 839 (Fla. 4th DCA 1986). In Gieseke, the Fourth District held that the trial court had no authority to award attorney fees “for the [wife’s cross-] appeal” from a final judgment of dissolution. It was held that in order to obtain fees and costs on appea…1 / 2
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Ethlyn Rita Garcia v. Garcia, 570 So. 2d 357 (Fla. 3d DCA 1990)…So. 2d 975 (Fla.1987). Further, a trial court may not award appellate attorney’s fees absent a mandate from the appellate court. Real Estate Apartments, Ltd. v. Bayshore Garden Apartments, Ltd., 530 So. 2d 977 (Fla. 2d DCA 1988); Gieseke v. Gieseke, 499 So. 2d 839 (Fla. 4th DCA 1986). The trial court, therefore, properly refused to allow the wife the attorney’s fees for the prior appeal. Accordingly, the order under review is reversed and remanded for further proceedings consistent with this opinion. Revers…
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White v. White, 683 So. 2d 510 (Fla. 4th DCA 1996)…at only the appellate court can finally authorize attorney’s fees for an appeal. See Fla.R.App.P. 9.400(b) (motion for appellate attorney's fees must be filed in appellate court no later than time for service ot reply brief); and Gieseke v. Gieseke, 499 So. 2d 839 (Fla. 4th DCA 1986) (in order to obtain attorney’s fees for an appellate proceeding, party must first request such fees in appellate court).…
Previewing 3 of 15 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Avie Lee Thornton v. Lacy Thornton, Jr., 433 So. 2d 682 (Fla. 5th DCA 1983)
- Ursel Ludemann v. Manfred Ludemann, 317 So. 2d 860 (Fla. 4th DCA 1975)
- Mullins v. Mullins, 342 So. 2d 83 (Fla. 4th DCA 1976)
- Winner v. Winner, 376 So. 2d 924 (Fla. 3d DCA 1979)