CHARLES OLIVERI, APPELLANT,
v.
THE BATEMAN GROUP, INC., APPELLEE
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The court reversed an award of attorney's fees and costs because the defendant failed to file a timely motion for such fees as required by Florida Rule of Civil Procedure 1.525.
A trial court errs in awarding attorney's fees and costs when the prevailing party has not filed a timely motion for such fees as required by Florida Rule of Civil Procedure 1.525.
[1] A trial court lacks authority to award attorney's fees and costs to a prevailing party unless that party files a timely motion for such fees in compliance with Florida Ru…
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Join FLexlaw to unlock all legal intelligenceOliveri's complaint was dismissed for failure to prosecute, and the trial court awarded Bateman attorney's fees and costs of $1,431.25.…
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STRINGER, Judge.
Charles Oliveri seeks review of the order that awarded The Bateman Group, Inc. (“Bateman”) attorney’s fees and costs of $1431 .25 after the court dismissed Oli-veri’s complaint for failure to prosecute. We have jurisdiction to review the order as a final order under Florida Rule of Appellate Procedure 9.030(b)(1)(A) even though the order awards attorney’s fees and costs without expressly providing for its execution. See City of Haines City v. Allen, 549 So. 2d 678 (Fla. 2d DCA 1989) (“The language ‘for which let execution issue’ is not essential to the finality of a judgment.”); Chan v. Brunswick Corp., 388 So. 2d 274, 275 (Fla. 4th DCA 1980). But see DuBreuil v. Regnvall, 527 So. 2d 249, 249 (Fla. 3d DCA 1988) (holding that the omission of execution language grants a judgment debtor a stay of execution and precludes the judgment creditor from executing on the judgment); Murphy v. Murphy, 378 So. 2d 27, 28 (Fla. 3d DCA 1979).
We conclude that the trial court erred in awarding attorney’s fees and costs because Bateman had not filed a timely motion for attorney’s fees and costs as required by Florida Rule of Civil Procedure 1.525. See Mook v. Mook, 873 So. 2d 363 (Fla. 2d DCA 2004); Gulf Landings Ass’n, Inc. v. Hershberger, 845 So. 2d 344, 345-46 (Fla. 2d DCA 2003); Diaz v. Bowen, 832 So. 2d 200, 200-01 (Fla. 2d DCA 2002).
Reversed.
FULMER and SILBERMAN, JJ„ Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Getman v. Tracey Constr., Inc., 62 So. 3d 1289 (Fla. 2d DCA 2011)…xecution issue’ is not essential to the finality of a judgment.” City of Haines City v. Allen, 549 So. 2d 678, 678 (Fla. 2d DCA 1989) (citing Chan v. Brunswick Corp., 388 So. 2d 274, 275 (Fla. 4th DCA 1980)); see also Oliveri v. Bateman Group, Inc., 874 So. 2d 1290, 1291 (Fla. 2d DCA 2004). Moreover, “[a] final order or judgment is one which evidences on its face that it adjudicates the merits of, and disposes of, the matter before the court and leaves no judicial labor to be done.” Cardillo v. Qualsure Ins. C…
Authorities Cited
- Gulf Landings Ass'n, Inc. v. Hershberger, 845 So. 2d 344 (Fla. 2d DCA 2003)
- Diaz v. Bowen, 832 So. 2d 200 (Fla. 2d DCA 2002)
- Neville A. Chan v. Brunswick Corp., 388 So. 2d 274 (Fla. 4th DCA 1980)
- Mook v. Adolph J. Mook, 873 So. 2d 363 (Fla. 2d DCA 2004)
- Murphy v. Murphy, 378 So. 2d 27 (Fla. 3d DCA 1979)
- DuBREUIL v. Regnvall, 527 So. 2d 249 (Fla. 3d DCA 1988)
- The City OF Haines City v. Allen, 549 So. 2d 678 (Fla. 2d DCA 1989)