GEORGE A. CASAVAN, ET AL., APPELLANTS/CROSS-APPELLEES,
v.
LAND O'LAKES REALTY, INC. OF LEESBURG, ET AL., APPELLEES/CROSS-APPELLANTS
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ORFINGER, Judge.
A motion has been filed requesting that we relinquish jurisdiction to the trial court so that it may consider and act upon a motion for the assessment of attorney’s fees. The trial court entered an order stating that it lacked jurisdiction to consider the motion because of the pending appeal from the previously entered final judgment. We deny the motion as moot because the trial court has jurisdiction to consider a motion for assessment of attorney’s fees subsequent to the entry of a final judgment, even after a notice of appeal from that judgment has been filed.
We agree with the holding of Bernstein v. Berrin, 516 So. 2d 1042 (Fla. 2d DCA 1987), that the test to determine loss of jurisdiction is not whether the trial court is proceeding in matters related to the final judgment, but rather the proper test is whether the trial court is proceeding in a matter which affects the subject matter on appeal. See also Bailey v. Bailey, 392 So. 2d 49 (Fla. 3d DCA 1981). Cf. Campbell v. Campbell, 436 So. 2d 374 (Fla. 5th DCA 1983). Since an order awarding attorney’s fees after entry of final judgment is a final appealable order, Bernstein, supra; Morand v. Stoneburner, 516 So. 2d 270 (Fla. 5th DCA 1987), there is no reason why an appeal of the final judgment should divest the trial court of jurisdiction to later rule on the request for attorney’s fees.
MOTION DENIED as MOOT.
SHARP, C.J., and DANIEL, J., concur.
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Citator
Cited By (11 total)
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McGURN v. Scott, 596 So. 2d 1042 (Fla. 1992)…n, the district courts have consistently held that a trial court’s reservation of jurisdiction to award costs or attorneys’ fees does not affect the finality of an underlying judgment for purposes of appeal. See Casavan v. Land O’Lakes Realty, Inc., 526 So. 2d 215 (Fla. 5th DCA 1988); C.B.T. Realty Corp. v. St. Andrews Cove I Condominium Ass’n, Inc., 508 So. 2d 409 (Fla. 2d DCA 1987); Dade County v. Davidson, 418 So. 2d 1231 (Fla. 3rd DCA 1982); Ruby Mountain Constr. & Dev. Corp. v. Raymond, 409 So. 2d 525 (F…
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Dolin v. Dolin, 654 So. 2d 223 (Fla. 5th DCA 1995)…to be one for indirect criminal contempt.1 Thus this type of judicial error can only be corrected on appeal. See Ventriglia v. Vaughan, 623 So. 2d 836 (Fla. 2d DCA 1993); Apelgren, 611 So. 2d at 73; Casavan v. Land O’Lakes Realty, Inc. of Leesburg, 526 So. 2d 215 (Fla. 5th DCA 1988); Marks, 475 So. 2d at 274. At the oral argument concerning this appeal, counsel for Philip argued this appeal was duplicative of the first one because that panel had affirmed without opinion the trial [*225] court’s order holdin…
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Mendoza v. Mendoza, 842 So. 2d 1020 (Fla. 5th DCA 2003)…ly appealed the May 21, 2002 order to preserve the issues he seeks to raise in this appeal. Accordingly, we dismiss it for lack of jurisdiction. DISMISSED. PALMER and ORFINGER, JJ., concur. . See, Casavan v. Land O’Lakes Realty, Inc. of Leesburg, 526 So. 2d 215 (Fla. 5th DCA 1988); [*1021] Morand; Janelli v. Pagano, 492 So. 2d 796 (Fla. 2d DCA 1986); Miller v. Nassofer, 484 So. 2d 619 (Fla. 5th DCA 1986) Altamonte Hitch and Trailer Service, Inc. v. U-Haul Company of Eastern Florida, 483 So. 2d 852 (Fla. 5t…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
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- Bailey v. Bailey, 392 So. 2d 49 (Fla. 3d DCA 1981)
- Bernstein v. Berrin, 516 So. 2d 1042 (Fla. 2d DCA 1987)
- Int'l Bhd. OF Elec. Workers v. Richway, 436 So. 2d 374 (Fla. 4th DCA 1983)
- Charles Morand, M.D. v. Stoneburner, 516 So. 2d 270 (Fla. 5th DCA 1987)
- Cont'l Ins. Co. v. Nunez, 516 So. 2d 270 (Fla. 3d DCA 1987)