CORNELL
v.
JOE ALLEN CONSTRUCTION, ALLEN

Fla. 1st DCA | 2024-01-10
No. 2022-2908
2024 FL 212 Florida District Court of Appeal, First District (2024)

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Holding

A trial court's reservation of jurisdiction to award costs and attorney fees does not satisfy the thirty-day filing requirement under Florida Rule of Civil Procedure 1.525.


Headnotes

[1] A trial court's reservation of jurisdiction to award costs and attorney fees does not satisfy the thirty-day filing requirement established by Florida Rule of Civil Proce…

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Key Quotes

“establishe[s] a bright-line time requirement for motions for costs and attorney fees”

Saia Motor Freight Line, Inc. v. Reid, 930 So. 2d 598, 600 (Fla. 2006)

Facts & Procedural History

Lisa Anne Cornell appealed a trial court decision in a case against Joseph M. Allen and Joe Allen LLC d/b/a Joe Allen Construction. The trial court re…

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Opinion of the Court

January 10, 2024 PER CURIAM.

AFFIRMED. See Saia Motor Freight Line, Inc. v. Reid, 930 So. 2d 598, 600 (Fla. 2006) (recognizing that Florida Rule of Civil Procedure 1.525 “establishe[s] a bright-line time requirement for motions for costs and attorney fees”); Hovercraft of S. Fla., LLC v. Reynolds, 211 So. 3d 1073, 1076 (Fla. 5th DCA 2017) (holding that a reservation of jurisdiction to award fees does not determine fee entitlement under AmerUs Life Ins. Co. v. Lait, 2 So. 3d 203 (Fla. 2009) to avoid the thirty-day filing requirement). OSTERHAUS, C.J., and B.L. THOMAS and NORDBY, JJ., concur.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.


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