JENNY MOLLOY F/K/A JENNY FLOOD, APPELLANT,
v.
TODD FLOOD, APPELLEE
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Wife's appeal of trial court's order striking her request for attorney's fees is affirmed because she failed to file a separate written motion for attorney's fees within thirty days of final judgment as required by Florida Rule of Civil Procedure 1.525, and merely reserving jurisdiction in the final judgment does not extend this deadline.
A separate written motion for attorney's fees must be filed within thirty days of entry of final judgment under Florida Rule of Civil Procedure 1.525; reserving jurisdiction in the final judgment does not automatically extend this deadline.
[1] A reservation of jurisdiction to determine attorney's fees in a final judgment of dissolution does not extend the thirty-day deadline under Florida Rule of Civil Procedur…
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Join FLexlaw to unlock all legal intelligenceWife Jenny Molloy sought attorney's fees in a dissolution of marriage case but failed to file a separate written motion for attorney's fees within thi…
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VILLANTI, Judge.
Wife Jenny Molloy appeals the trial court’s order granting Husband Todd Flood’s motion to strike her request for attorney’s fees. The trial court granted the motion because the Wife failed to file a motion for attorney’s fees within thirty days after the entry of the final judgment as required by Florida Rule of Civil Procedure 1.525, effective January 1, 2001. In fact, the Wife never filed a motion for attorney’s fees, relying instead on her notice of hearing on the issue and a provision reserving jurisdiction to determine attorney’s fees in the final judgment of dissolution. The bright line established by rule 1.525 requires a separate written motion for attorney’s fees to be filed within thirty days of the entry of final judgment; reserving jurisdiction in the final judgment does not automatically extend the time. See Lyn v. Lyn, 2D03-4393, 2004 WL 1635103, 884 So. 2d 181 (Fla. 2d DCA July 23, 2004); Mook v. Mook, 873 So. 2d 363 (Fla. 2d DCA 2004); Gulf Landings Ass’n v. Hershberger, 845 So. 2d 344 (Fla. 2d DCA 2003); Diaz v. Bowen, 832 So. 2d 200 (Fla. 2d DCA 2002). Accordingly, we affirm and certify conflict with Fisher v. John Carter & Assocs., Inc., 864 So. 2d 493 (Fla. 4th DCA 2004).
Affirmed, conflict certified.
NORTHCUTT and WALLACE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Fisher v. John Carter & Assocs., Inc., 864 So. 2d 493 (Fla. 4th DCA 2004)
- Gulf Landings Ass'n, Inc. v. Hershberger, 845 So. 2d 344 (Fla. 2d DCA 2003)
- LYN v. LYN, 884 So. 2d 181 (Fla. 2d DCA 2004)
- Diaz v. Bowen, 832 So. 2d 200 (Fla. 2d DCA 2002)
- Mook v. Adolph J. Mook, 873 So. 2d 363 (Fla. 2d DCA 2004)