TOWN OF DAVIE, APPELLANT,
v.
MONICA SANTANA, APPELLEE; TOWN OF DAVIE, APPELLANT, V. LARRY PASKO, APPELLEE; TOWN OF DAVIE, APPELLANT, V. ROBERTA QUINONES, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Town of Davie appealed an administrative law judge's denial of its motion for attorney's fees and costs after the ALJ closed cases and relinquished jurisdiction to the Florida Commission on Human Relations. The court affirmed, holding that the ALJ lacked jurisdiction to award fees because no motion for fees was pending when the cases were voluntarily dismissed and jurisdiction was relinquished.
The ALJ lacked jurisdiction to award attorney's fees and costs because no motion for fees was pending when the respondents voluntarily dismissed their cases and the ALJ closed the files and relinquished jurisdiction. The Town of Davie had an opportunity to file a motion for fees prior to the voluntary dismissals based on its assertions that the respondents engaged in conduct intended to harass and cause unnecessary delay.
[1] An administrative law judge lacks jurisdiction to adjudicate a motion for attorney's fees and costs filed after the cases have been closed and jurisdiction relinquished.
[2] A motion for attorney's fees and costs must be filed prior to the voluntary dismissal of a case for an administrative law judge to retain jurisdiction to award such fees.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“there were no pending motions for attorney's fees when Appellees voluntarily dismissed their cases and when the ALJ closed the files and relinquished jurisdiction”
Establishes the critical factual basis for the ALJ's lack of jurisdiction—the absence of a pending fee motion at the time jurisdiction was relinquished
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe Town of Davie was involved in administrative proceedings against three individuals (Monica Santana, Larry Pasko, and Roberta Quinones). The respon…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Jurisdiction To Award Attorney'S Fees cases and more on FLexlaw
These appeals, which were consolidated for briefing purposes, are hereby consolidated for opinion purposes as well. Appellant, the Town of Davie, contends that the administrative law judge (“ALJ”) erred in concluding that he lacked jurisdiction to adjudicate Appellant’s motion for attorney’s fees and costs filed pursuant to section 120.595(1), Florida Statutes, after he closed the cases and relinquished jurisdiction to the Florida Commission on Human Relations. We reject this argument along with Appellant’s contention that the ALJ’s ruling deprived it of its substantive right to attorney’s fees and costs without due process.
As the ALJ noted in his order denying Appellant’s motion to re-open the cases, there were no pending motions for attorney’s fees when Appellees voluntarily dismissed their cases and when the ALJ closed the files and relinquished jurisdiction. Cf G.E.L. Corp. v. Dep’t of Envtl. Prot., 875 So.2d 1257, 1263 (Fla. 5th DCA 2004) (holding that an ALJ has jurisdiction to award fees under section 120.595(1) when a petition has been dismissed but noting that the motion for fees was filed prior to the voluntary dismissal). Appellant’s argument that it had no basis to file a motion for fees prior to the voluntary dismissals is refuted by its assertions below and on appeal that Appellees engaged *263in conduct prior to the voluntary dismissals that was intended to harass and cause unnecessary delay. See § 120.595(l)(b), Fla. Stat. (2011) (providing that an ALJ may award attorney’s fees to the prevailing party if he or she determines that the nonprevailing party participated in the proceeding for an improper purpose).
Accordingly, we AFFIRM.
DAVIS, VAN NORTWICK, and ROWE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Planned Parenthood OF Sw. & Cent. Fla., Inc., 207 So. 3d 1032 (Fla. 1st DCA 2017)…nt’s motions for fees or sanctions and setting Respondent’s amended motion for an evidentiary hearing, after the litigation was terminated by the voluntary dismissal, departed from the essential requirements of the law. Cf. Town of Davie v. Santana, 98 So. 3d 262 (Fla. 1st DCA 2012) (holding that administrative law judge lacked jurisdiction to reopen case to impose attorneys’ fees under section 120.595(1), when it closed the case once the petition was dismissed and no motion for attorneys’ fees was pending).…
-
State v. Choice Plus, LLC, 263 So. 3d 304 (Fla. 1st DCA 2019)
-
C.N.G. v. Dep't of Agric. & Consumer Servs. (Fla. 1st DCA 2024)
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Garreau v. Camelot Gardens Homeowners Ass'n, Inc., 875 So. 2d 1257 (Fla. 4th DCA 2004)