FRANKIE SPIVEY, PETITIONER,
v.
BATTAGLIA FRUIT COMPANY, INC., AND FLORIDA INDUSTRIAL COMMISSION, RESPONDENTS
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The Florida Supreme Court denied a petition for attorney's fees because it was filed too late, violating a rule requiring such petitions to be filed at or before the time of the party's first brief.
No, the petition for attorney's fees is denied because it was filed in flagrant violation of the court's rule regarding the timing of such requests.
“Where attorney's fees are. allowable by law for services in the appellate court the request therefor shall be pre [*4] sented by motion filed with the clerk of the appellate court at or before the time of filing the party's first brief, and shall be disposed of at the time the case is disposed of on the merits, unless otherwise ordered by the court.”
This quote states the rule that governs the timing of attorney's fee requests in appellate courts.
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Join FLexlaw to unlock all legal intelligenceThe petitioner sought attorney's fees for services rendered in an appeal. The first brief was filed on July 5, 1961, and the case was decided on Febru…
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Rule 3.16(e), 31 F.S.A., (Attorney’s Fees) provides “Where attorney’s fees are. allowable by law for services in the appellate court the request therefor shall be pre*4sented by motion filed with the clerk of the appellate court at or before the time of filing the party’s first brief, and shall be disposed of at the time the case is disposed of on the merits, unless otherwise ordered by the court.” (Emphasis added)
In this case the first brief was filed July 5, 1961, argument heard on November 10, 1961, and decided February 21, 1962. Now at this late date, May 4, 1962, Petition has been presented for attorneys’ fees for services rendered in the presentation of the matter before this court. Obviously, this is a flagrant violation of the Florida Appellate Rule hereinabove quoted, and therefore the Petition is denied.
It is so ordered.
TERRELL, Acting C. J., and DREW, O’CONNELL and HOBSON (Ret.), JJ., and SCOTT, C. J., concur.