COHEN
v.
WORLD OMNI
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Cohen appeals the trial court's orders awarding World Omni additional attorney's fees and costs. The appellate court reversed and remanded, finding that the trial court lacked jurisdiction to issue a corrected order while the original order was on appeal, and that neither statutory section 768.79 nor 57.105 authorized the fee award.
The court reversed both the Original Order and Corrected Order. The Corrected Order must be reversed because the trial court lacked jurisdiction to issue it while the Original Order was on appeal. The Original Order must be reversed because neither section 768.79 nor 57.105 authorizes post-judgment attorney's fees in this case.
[1] A trial court lacks jurisdiction to issue an order while a prior order on the same matter is pending appeal.
[2] Statutory provisions authorizing attorney's fees do not permit post-judgment awards.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Since the Original Order was on appeal at the time the trial court issued the Corrected Order, the trial court lacked jurisdiction to issue the Corrected Order and, therefore, it must be reversed.”
Establishes the jurisdictional basis for reversing the Corrected Order—a trial court cannot modify an order while it is pending appeal.
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Join FLexlaw to unlock all legal intelligenceWorld Omni moved for entitlement to additional attorney's fees and costs since May 1, 2006. The trial court issued an Original Order awarding attorney…
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5850 Coral Ridge Dr., Ste. 201, Coral Springs, FL 33076
PER CURIAM
REVERSED AND REMANDED.
Appellant seeks reversal of the trial court's Order on World Omni's Motion for Entitlement to Additional Attorney's Fees and Costs Since May 1, 2006 ("Original Order"), and the Corrected Order on World Omni's Motion for Additional Attorney's Fees and Costs Since May 1, 2006 ("Corrected Order"). We reverse both orders.
Since the Original Order was on appeal at the time the trial court issued the Corrected Order, the trial court lacked jurisdiction to issue the Corrected Order and, therefore, it must be reversed. The Court notes that the Corrected Order also is erroneous because the trial court failed to comply with Moakley v. Smallwood, 826 So. 2d 221, 226 (Fla. 2002).
As the Corrected Order is not properly before the Court on appeal, this Court only considers the merits of the appeal of the Original Order. In its motion for attorney's fees and costs, World Omni requested fees under sections 768.79 and 57.105, Florida Statutes. The Original Order awarded attorney's fees pursuant to section 768.79. An award of post-judgment attorney's fees is not permitted under either section 768.79. See Cohen v. World Omni Financial Corp., 14 Fla. L. Weekly Supp. 846a, (Fla. 15th Cir. Ct. June 21, 2007). Neither section 768.79 nor section 57.105 authorizes attorney's fees in the instant case. See Patsy v. Patsy, 666 So. 2d 1045, 1046 (Fla. 4th DCA 1996). Therefore the Original Order must be reversed.
Accordingly, the Original Order and the Corrected Order are hereby REVERSED and the matter is REMANDED to the lower court. If the trial court is awarding attorney's fees in an exercise of its inherent authority to award fees, then the trial court's order must contain findings that comply with the requirements of Moakley. If the trial court's basis for awarding attorney's fees is either 768.79 or 57.105, then World Omni's Motion for Additional Attorney's Fees and Costs Since May', 2006 must be denied.
ROSENBERG, FRENCH, AND GARRISON, JJ., concur. 1 See also, Shniderman v. Fitness Innovations and Technologies, Inc., 994 So. 2d 508, 514 (Fla. 4th DCA 2008).
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Citator
Authorities Cited
- Moakley v. Smallwood, 826 So. 2d 221 (Fla. 2002)
- Patsy v. Rosanne M. Patsy, 666 So. 2d 1045 (Fla. 4th DCA 1996)
- Shniderman v. Fitness Innovations & Techs., Inc., 994 So. 2d 508 (Fla. 4th DCA 2008)