THE ESTATE OF CALEB TIMMOTHY ISENBERG, BY AND THROUGH MELANIE VICTORIA MCCULLOUGH, PERSONAL REPRESENTATIVE, THOMAS GLENN CONYERS, II, BY THROUGH HIS PARENT AND NATURAL GUARDIAN, ETC., ET AL
v.
SMITH EQUITIES CORPORATION AND GERALD A. SMITH
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A motion for attorneys' fees under section 57.105, Florida Statutes, must be served no later than 30 days after filing of the judgment concluding the action, and this time requirement is a bright-line rule that admits no exceptions.
[1] Florida Rule of Civil Procedure 1.525 imposes a bright-line time requirement that a motion for attorneys' fees must be served no later than 30 days after filing of the ju…
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Join FLexlaw to unlock all legal intelligence“bright-line time requirement”
The court cited Saia Motor Freight Line, Inc. v. Reid, 930 So. 2d 598, 600 (Fla. 2006), describing rule 1.525 as a 'bright-line time requirement.'
The Estate of Caleb Timmothy Isenberg and Thomas Glenn Conyers II appealed a trial court's second amended final judgment awarding attorneys' fees and …
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
THE ESTATE OF CALEB TIMMOTHY
ISENBERG, BY AND THROUGH MELANIE
VICTORIA MCCULLOUGH, PERSONAL
REPRESENTATIVE, THOMAS GLENN
CONYERS, II, BY AND THROUGH HIS
PARENT AND NATURAL GUARDIAN, ETC., ET AL.,
Appellants,
v. Case No. 5D20-285
SMITH EQUITIES CORPORATION AND
GERALD A. SMITH,
Appellees.
________________________________/
Opinion filed January 8, 2021
Appeal from the Circuit Court for Orange County, Luis Fernando Calderon, Judge.
E.
Timothy McCullough, of McCullough & Mitchell, P.A., Windermere, for Appellants.
Scott A. Cole, of Cole, Scott & Kissane, P.A., Miami, for Appellees.
PER CURIAM.
Appellants, the Estate of Caleb Timmothy Isenberg, by and through Melanie Victoria McCullough, Personal Representative, and T.G.C., II, by and through his parent
2 and natural guardian, Melanie Victoria McCullough, and their counsel, Earl Timothy McCullough (collectively, “Appellants”), appeal the trial court’s second amended final judgment awarding attorneys’ fees and costs against them pursuant to section 57.105, Florida Statutes (2019), and in favor of the Appellees, Smith Equities Corporation and Gerald A. Smith. We reverse because, as Appellants correctly argue on appeal, Appellees’ motion for fees was untimely pursuant to Florida Rule of Civil Procedure 1.525 (requiring the motion to be served “no later than 30 days after filing of the judgment” that “concludes the action as to that party”).
We decline Appellees’ invitation to create an exception to the rule’s time requirement. Such an exception would be contrary to the plain language of the rule. See Saia Motor Freight Line, Inc. v. Reid, 930 So. 2d 598, 600 (Fla. 2006) (describing rule 1.525 as a “bright-line time requirement”).
REVERSED.
LAMBERT, EISNAUGLE, and HARRIS, JJ., concur.