DIVISION OF ADMINISTRATION, STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, APPELLANT,
v.
WILLIAM C. MORGAN ET UX., APPELLEES
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The Florida Department of Transportation appealed a condemnation judgment that this Court had already affirmed. The appellees sought attorney's fees, but filed their motion in the trial court rather than in the appellate court as required by Rule 3.16, F.R.A.P. The Court reversed the trial court's award but exercised its reinvested jurisdiction to award fees nunc pro tunc of $750 for the first appeal, while denying fees for the second appeal due to counsel's procedural neglect.
The trial court lacked jurisdiction to award attorney's fees because such fees must be requested in the appellate court as provided by Rule 3.16, F.R.A.P. The appellate court, having reinvested jurisdiction over the subject matter, may award attorney's fees nunc pro tunc for the first appeal, but will not award additional fees for the second appeal where the need for that appeal resulted from counsel's failure to timely file the fee motion.
[1] A trial court lacks jurisdiction to award attorney's fees for appellate work when no motion for such fees was filed in the appellate court.
[2] An appellate court may award attorney's fees for prior appellate work nunc pro tunc, even if the initial motion was not timely filed in that court, when jurisdiction of t…
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Join FLexlaw to unlock all legal intelligence“When the appellees failed to file motion for attorney's fees in this Court, the trial court had no jurisdiction or authority to entertain the motion for attorney's fees.”
Establishes that trial courts lack jurisdiction to award attorney's fees for appellate work when the motion is not filed in the appellate court as required by rule.
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Join FLexlaw to unlock all legal intelligenceThe State Department of Transportation had appealed a final judgment in a condemnation case, and this Court had previously affirmed that judgment. Aft…
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This matter is before us on appeal from an order awarding attorney’s fees in an appellate action filed by the condemning authority where there was no motion for such fees filed in the appellate court, as provided by Rule 3.16, F.R.A.P., 32 F.S.A.
The State Department of Transportation had appealed to this Court a final judgment in condemnation and this Court had affirmed. No motion for attorney’s fees had been filed with this Court. Subsequent to the opinion of this Court, the ap-pellees first filed their motion for attorney’s fees in the trial court who made an award of such fee by the judgment appealed herein.
When the appellees failed to file motion for attorney’s fees in this Court, the trial court had no jurisdiction or authority to entertain the motion for attorney’s fees. Inasmuch as, however, the Department of Transportation has reinvested in this Court jurisdiction of this subject matter, we do now have the authority to award, nunc pro tunc, said attorney’s fees to the appellees *906for the work in the first appeal, and we do hereby award attorney’s fees to the attorney for the appellees in the amount of $750.00.
The order appealed from in this case is Reversed inasmuch as the trial court had no jurisdiction to enter such order.
The appellees have now filed a petition for attorney’s fees in this appeal, but inasmuch as we are of the opinion that the need of this appeal was the result of the neglect of the appellees’ attorney in not filing said motion for said fees timely in the first appeal, we do not think the attorney for appellees is entitled to any additional fees for his efforts in this appeal and therefore the last motion for attorney’s fees is hereby Denied.
WIGGINTON, Acting C. J., and JOHNSON and SPECTOR, JJ., concur.
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Cnty. OF Volusia v. W.R. Pickens, 435 So. 2d 247 (Fla. 5th DCA 1983)…or all costs and attorney’s fees reasonably and necessarily expended in connection with the investigation, research, preparation and presentation of the case, both at the trial level and the appellate level, cf: Division of Administration v. Morgan, 281 So. 2d 905 (Fla. 1st DCA 1973). It is our opinion that if a governmental authority takes property then that government must pay all consequent legally recognized damages, costs and fees, regardless of whether the taking was by direct or inverse condemnation.…