UNITED SERVICES AUTOMOBILE ASSOCIATION, PETITIONER,
v.
JOHN G. PHILLIPS, ETC., RESPONDENT. RELIANCE INSURANCE COMPANY, ET AL., PETITIONER, V. SKILLED SERVICES CORPORATION, RESPONDENT
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A party seeking attorney's fees in an appellate court must specify the substantive basis for the award, not merely cite the rule or a prior order.
[1] A motion for attorney's fees in an appellate court must specify the particular contractual, statutory, or other substantive basis for an award of fees.
[2] Referencing only Florida Rule of Appellate Procedure 9.400 or another court's order is insufficient to support a motion for attorney's fees for services rendered in an ap…
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Join FLexlaw to unlock all legal intelligenceRespondents sought attorney's fees for services rendered in the appellate court, but only referred to Florida Rule of Appellate Procedure 9.400 and pr…
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PER CURIAM.
The above-styled cases were submitted to the Court for determination of jurisdiction based on express and direct conflict, pursuant to article V, section 3(b)(3), Florida Constitution.1 Upon review, we determine that no such conflict exists. We therefore deny review in both cases.
Having concluded that no express and direct conflict exists, we find it necessary to address the motions filed by the prevailing parties for attorney’s fees for services rendered in this Court. Respondents Phillips and Skilled Services, respectively, filed motions in this Court seeking attorney’s fees, and in support both parties only referred to Florida Rule of Appellate Procedure 9.400, and orders entered in the district court below conditionally awarding attorney’s fees.
Rule 9.400(b) states in pertinent part,:
(b) Attorney’s Fees. A motion for attorney’s fees ... shall state the grounds on which recovery is sought.
We interpret this language to require that a paxby seeking attorney’s fees in an appellate court must provide substance and specify the particular contractual, statutory, or other substantive basis for an award of fees on appeal. It is simply insufficient for parties to only refer to rule 9.400 or to rely on another court’s order in support of a motion for attorney’s fees for services rendered in an appellate court. We specifically recede from Salley v. City of St. Petersburg, 511 So. 2d 975 (Fla.1987), to the extent that it suggests that appellate fees may be awarded, even if a party fails to comply with the substantive requirements of Florida Rule of Appellate Procedure 9.400(b).
We intend for this policy to apply prospectively. Therefore, we award attorney’s fees in these cases to Phillips and Skilled Services, respectively, but take this opportunity to clarify the requirements under our appellate rules for motions for attorney’s fees..
It is so ordered. WELLS, C.J., and SHAW, HARDING, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur. . We have consolidated these cases for disposition by one opinion.
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Citator
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Arizona L. Sumlar v. Sumlar, 827 So. 2d 1079 (Fla. 1st DCA 2002)…on 61.16, Florida Statutes (2000), or to any other statutory, contractual, or substantive basis for an award of fees on appeal. Thus, the motion is facially insufficient, and we are constrained to deny it. United Servs. Automobile Ass’n v. Phillips, 775 So. 2d 921 (Fla.2000); Rados v. Rodos, 791 So. 2d 1130 (Fla. 2d DCA 2001); Shuler v. Darby, 786 So. 2d 627 (Fla. 1st DCA 2001) (on mot. for clarif. or reh’g). In summary, we AFFIRM the dissolution of the marriage, REVERSE the final judgment in part, and REMAN…
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Rados v. Rados, 791 So. 2d 1130 (Fla. 2d DCA 2001)…4th DCA 1999).1 Thus, [*1132] a litigant who wants to pursue a claim for appellate attorney’s fees is required to file a motion in the appellate court under rule 9.400(b), stating the legal basis for the claim. United Servs. Auto. Ass’n v. Phillips, 775 So. 2d 921 (Fla.2000). Any claim for attorney’s fees requires a determination of at least two factors: the movant’s entitlement to the award and, if there is entitlement, the reasonable amount of fees to be awarded. Bell v. U.S.B. Acquisition Co., 734 So. 2d 4…
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Brass & Singer, P.A. v. United Auto. Ins. Co., 944 So. 2d 252 (Fla. 2006)…w on issues involving the interpretation of statutes is de novo.”). Florida Rule of Appellate Procedure 9.400(b) is the procedural vehicle by which a party seeks attor [*254] ney’s fees from an appellate court. United Servs. Auto. Ass’n v. Phillips, 775 So. 2d 921, 922 (Fla.2000).4 Pursuant to rule 9.400(b), “a party seeking attorney’s fees in an appellate court must provide substance and specify the particular contractual, statutory, or other substantive basis for an award of fees on appeal.” Id. at 922. Se…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Salley v. City OF ST. Petersburg, 511 So. 2d 975 (Fla. 1987)