LAKE COUNTY, FLORIDA, PETITIONER,
v.
RONALD E. FOX, P.A., RESPONDENT
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PER CURIAM.
Lake County seeks a writ of prohibition to stop the trial court from taking any further action on respondent Ronald E. Fox, P.A.’s motion for attorney’s fees. The trial court already issued an order awarding attorney’s fees, without reserving jurisdiction, and no timely appeal of that order was filed. See, e.g., Altamonte Hitch and Trailer Service, Inc. v. U-Haul Co. of Eastern Florida, 483 So. 2d 852 (Fla. 5th DCA 1986) (order awarding attorney’s fee rendered after trial judgment is a final appealable order). Therefore, the trial court is without jurisdiction to reconsider the attorney’s fee award. See, e.g., Friedman v. Grossman, 490 So. 2d 1378 (Fla. 4th DCA 1986) (prohibition granted to prohibit trial judge from hearing question of attorney’s fees when jurisdiction to consider fees was not reserved).
PETITION GRANTED.
PETERSON, THOMPSON and ANTOON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Dunkin' Donuts Franchised Rests., LLC v. 330545 Donuts, Inc., 27 So. 3d 711 (Fla. 4th DCA 2010)…with prejudice.” Where the dismissal so disposed of the attorney’s fee issue, the circuit court was without jurisdiction to reconsider that claim after trial against the plaintiffs dismissed from the lawsuit. See Lake County v. Ronald E. Fox, P.A., 705 So. 2d 702 (Fla. 5th DCA 1998); compare Finkelstein v. N. Broward Hosp. Dist., 484 So. 2d 1241, [*715] 1242-43 (Fla.1986) (holding that where a “final judgment did not dispose of’ a claim for fees under a prevailing party statute, the trial court had “continui…
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Sunil Malkani v. Hannah (Fla. 6th DCA 2024)…sdiction to do so. See Friedman v. Grossman, 490 So. 2d 1378, 1378-79 (Fla. 4th DCA 1986) (prohibition granted to prohibit trial judge from hearing question of attorney’s fees when jurisdiction to consider fees was not reserved); Lake Cnty. v. Fox, 705 So. 2d 702, 702 (Fla. 5th DCA 1998) (granting petition for writ of prohibition to stop trial court from taking any further action on motion for attorney’s fees where trial court was without jurisdiction to reconsider its attorney’s fee award). Appellate courts…
Authorities Cited
- Altamonte Hitch & Trailer Serv., Inc. v. U-Haul Co. OF E. Fla., 483 So. 2d 852 (Fla. 5th DCA 1986)
- Brown v. State, 490 So. 2d 1378 (Fla. 4th DCA 1986)