ASAP SERVICES, LLC, A FLORIDA LIMITED LIABILITY COMPANY, APPELLANT,
v.
SA FLORIDA INTERNATIONAL, LLC, A FOREIGN LIMITED LIABILITY COMPANY, D/B/A OEC LATIN AMERICA, APPELLEE

Fla. 3d DCA | 2013-10-09
No. 3D13-606
Before ROTHENBERG, FERNANDEZ and LOGUE, JJ.
122 So. 3d 965 Florida District Court of Appeal, Third District (2013) Positive Treatment
Cited by 1 case

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Synopsis

ASAP Services appealed an order denying its motion for attorney's fees and costs filed more than 30 days after a default judgment. The Third District Court of Appeal held that Florida Rule of Civil Procedure 1.525's bright-line 30-day deadline for filing fee motions is not tolled by pending post-judgment motions to set aside the judgment.


Holding

The 30-day time requirement in Rule 1.525 is not tolled by a pending post-judgment motion to set aside a judgment. The sole recognized exception to Rule 1.525's bright-line deadline applies only when the trial court's final judgment determines entitlement to attorney's fees and costs but reserves jurisdiction on the amount. ASAP Services' motion was properly denied as untimely.


Headnotes

[1] A pending post-judgment motion to set aside a final default judgment does not toll the thirty-day time requirement for serving a motion for attorney's fees and costs unde…

[2] Florida Rule of Civil Procedure 1.525 establishes a bright-line time requirement for motions for costs and attorney fees.

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Key Quotes

“established a bright-line time requirement for motions for costs and attorney fees which the Rules of Civil Procedure had not previously contained”

Explains the purpose and effect of Rule 1.525's 30-day deadline adopted by the Florida Supreme Court in Saia Motor

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Facts & Procedural History

ASAP Services obtained a final default judgment against SA Florida International, LLC. ASAP Services later filed a motion for attorney's fees and cost…

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Opinion of the Court
ROTHENBERG, J.

ROTHENBERG, J.

The issue presented in this appeal is whether a pending post-judgment motion to set aside a final default judgment tolls the thirty-day time requirement for serving a motion for attorney’s fees and costs under Florida Rule of Civil Procedure 1.525. As we conclude that the time requirement is not tolled, we affirm the order denying ASAP Services, LLC’s motion for attorneys’ fees and costs.

Rule 1.525 provides that “[a]ny party seeking a judgment taxing costs, attorneys’ fees, or both shall serve a motion no later than 30 days after filing of the judgment ... which judgment ... concludes the action as to that party.” In Saia Motor Freight Line, Inc. v. Reid, 930 So.2d 598, 600 (Fla.2006), the Florida Supreme Court noted that in adopting rule 1.525, it “established a bright-line time requirement for motions for costs and attorney fees which the Rules of Givil Procedure had not previously contained.” (emphasis added). In Saia Motor, the Florida Supreme Court determined that the thirty-day time requirement to serve a motion for attorneys’ fees and costs set forth in rule 1.525 applied even though the final judgment “reserve[d] jurisdiction to award the Plaintiff costs and to consider Plaintiffs claim for attorneys’ fees upon a determination of entitlement thereto.” Id. at 599 (alteration in original). The Florida Supreme Court, however, noted that “[f]ol-lowing the adoption of rule 1.525, the time requirement could be enlarged in accord with Florida Rule of Civil Procedure 1.090.... ”/d at 600 n. 3.

Since Saia Motor, the Florida Supreme Court has recognized only one exception to rule 1.525’s bright-line time requirement. In Amerus Life Ins. Co. v. Lait, 2 So.3d 203, 206-07 (Fla.2009), the Florida Supreme Court found that the thirty-day time requirement did not apply when the trial court in its final judgment determined that the party was entitled to an award of attorneys’ fees and costs, but reserved jurisdiction to determine the amount. In determining that rule 1.525 was not applicable, the Florida Supreme Court stated:

Because the purpose for adopting rule 1.525,avoidance of prejudice and unfair surprise, is satisfied once the trial court determines entitlement to attorneys’ fees and costs, the thirty-day time requirement for filing motions for attorneys’ fees and costs under rule 1.525 is no longer necessary. The parties are on notice with the trial court’s ruling on entitlement that the amount of the award will be determined at a later date. Accordingly, we find ... that where entitlement to attorneys’ fees and costs has already been determined by the trial court in its final judgment, rule 1.525, requiring the filing of a motion for fees and costs within thirty days of the final judgment, does not apply. Amerus was therefore not required to file its motion to determine the amount of attorneys’ fees and costs within the time period set by rule 1.525.

Id at 207.

In the instant case, ASAP Services, filed its motion for attorneys’ fees and costs *967more than thirty days after the final default judgment was filed without seeking an enlargement of time under rule 1.090. Moreover, unlike the final judgment in Amerus Life, the final default judgment in the instant case did not determine ASAP Services’ entitlement to an award of fees and costs. Thus, the sole exception to rule 1.525’s. “bright-line” time requirement is not applicable.

ASAP Services argues that this Court should carve out an additional exception to rule 1.525’s “bright-line” time requirement by concluding that a pending post-judgment motion to set aside a judgment tolls the thirty-day time requirement for serving a motion for attorneys’ fees and costs under Florida Rule of Civil Procedure 1.525. As this Court lacks rule-making authority, we decline ASAP Services’ invitation. Accordingly, we affirm the order under review.

Affirmed.


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Citator

Cited By

  • …e Committee Notes observe, “[t]his rule is intended to establish a time requirement to serve motions for costs and attorneys’ fees,” and precedent describes it as a “bright-line” rule to be “applied strictly.” ASAP Servs., LLC v. SA Fla. Int’l, LLC, 122 So. 3d 965, 967 (Fla. 3d DCA 2013); Caldwell v. Finochi, 909 So. 2d 976, 978 (Fla. 2d DCA 2005). It was promulgated “[t]o end the confusion concerning the prior requirement that [such] motions . . . be served within a ‘reasonable time,’” Byrne-Henry v. Hertz…

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