JAMES R. LOUTH, PETITIONER,
v.
HONORABLE CLAUDIA R. ISOM, CIRCUIT JUDGE OF THE THIRTEENTH JUDICIAL CIRCUIT, RESPONDENT
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PER CURIAM.
The petitioner seeks the issuance of a writ of prohibition to prevent the trial court from considering a motion for attorney’s fees. The petitioner contends that since the amended final judgment did not reserve jurisdiction for the consideration of the fees motion, the trial court lost jurisdiction to consider and rule upon the motion. See Frisard v. Frisard, 468 So. 2d 399 (Fla. 4th DCA 1985); Frumkes v. Frumkes, 328 So. 2d 34 (Fla. 3d DCA 1976).
This case is factually distinguishable from those relied upon by the petitioner. Here, the attorney’s fees motion is strictly limited to payment for matters related to the rehearing. Since the attorney's fees motion was filed subsequent to the hearing on the rehearing motion, it could not have been ruled upon in the order addressed to the matters1 presented at the rehearing. Accordingly, the trial court has the jurisdiction to consider the motion for attorney’s fees dealing with postjudgment proceedings. We deny the petition.
HALL, A.C.J., and THREADGILL and PATTERSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Louth v. Mariellen Williams, 643 So. 2d 69 (Fla. 2d DCA 1994)…nd’s motion for rehearing of the final judgment. The husband applied for a writ of prohibition in this court, asserting that the trial court lacked jurisdiction to consider the wife’s motion for fees. This court denied the petition in Louth v. Isom, 616 So. 2d 999 (Fla. 2d DCA), review denied, 626 So. 2d 206 (Fla.1993). Although the wife appeared in that proceeding, she made no motion for appellate attorney’s fees pursuant to Florida Rule of Appellate Procedure 9.400. Thereafter, the wife filed a motion for…
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Louth v. Mariellen Williams, 657 So. 2d 1239 (Fla. 2d DCA 1995)…y Louth for a rehearing of the final judgment. Louth filed a petition for writ of prohibition in this court, challenging the jurisdiction of the trial court to consider the motion for attorney’s fees. This court denied the petition in Louth v. Isom, 616 So. 2d 999 (Fla. 2d DCA), review denied, 626 So. 2d 206 (Fla. 1993). Though Williams appeared in that proceeding, she made no motion for appellate attorney’s fees pursuant to Florida Rule of Appellate Procedure 9.400. Williams then filed a motion for appellat…
Authorities Cited
- Melvyn B. Frumkes v. Frumkes, 328 So. 2d 34 (Fla. 3d DCA 1976)
- Robert C. ROY Agency, Inc. v. Sun First Nat'l Bank of Palm Beach, 468 So. 2d 399 (Fla. 4th DCA 1985)
- Frisard v. Frisard, 468 So. 2d 399 (Fla. 4th DCA 1985)