JOSEPH LAND & CO., ET AL., APPELLANTS,
v.
RAYMOND GREEN, APPELLEE

Fla. 1st DCA | 1986-04-09
No. BH-143
THOMPSON, ZEHMER and BAR-FIELD, JJ., concur.
486 So. 2d 87 Florida District Court of Appeal, First District (1986) Positive Treatment
Cited by 4 cases
Topics
Timeliness Of Motion For Attorney'S Fees Motion For Attorney'S Fees Timeliness

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Opinion of the Court
PER CURIAM.

ON MOTION FOR ATTORNEY’S FEES

PER CURIAM.

The claimant’s attorney filed a motion for attorney’s fee on March 20, 1986, alleging that this court had affirmed an order awarding claimant benefits by a decision filed on February 19, 1986. Mandate pursuant to that opinion was issued on March 7, 1986. The motion, having been served and filed after the time for service of the reply brief, is not timely and is denied. Florida Rule of Appellate Procedure 9.400.

Incorporated with the motion is statement of services performed on appeal and a claim for a fee of $1,600. Had the motion been timely filed in accordance with the rule, this court, consistent with its policy and practice, would have awarded a fee in that amount. Since claimant’s attorney has negligently failed to preserve the claimant’s right to recover from the employer and carrier the amount of the fee due for the services of his attorney on appeal, no fee for such services on appeal will be approved and the attorney shall not charge the claimant any fee for such services.

A copy of this decision shall be delivered by claimant’s attorney to his client.

THOMPSON, ZEHMER and BAR-FIELD, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Barrero v. Ocean Bank, 729 So. 2d 412 (Fla. 3d DCA 1999)
    …thout question, the bank’s motion for such fees pursuant to its offer of judgment was timely filed with this court. See Fla. R.App. Pro. 9.400(b); see also Salley v. City of St. Petersburg, 511 So. 2d 975, 976 (Fla.1987); Joseph Land & Co. v. Green, 486 So. 2d 87, 87 (Fla. 1st DCA 1986); Philip J. Padovano, Florida Appellate Practice § 20.6, at 360 (2d ed.1997). It is further undisputed that Bar-rero never interposed any objection nor challenge to the bank’s entitlement to appellate attorney’s fees and costs…
  • S. Erectors, Inc. v. GAY, 558 So. 2d 1099 (Fla. 1st DCA 1990)
    …Byrd, 397 So. 2d 1202 (Fla. 1st DCA 1981). Counsel is ordered not to charge his client any fee for work done on the appeal or cross-appeal. A copy of this decision shall be delivered by counsel to his client, Michael Gay. Joseph Land & Co. v. Green, 486 So. 2d 87 (Fla. 1st DCA 1986). BOOTH, THOMPSON and MINER, JJ., concur.…

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