METROPOLITAN DADE COUNTY, PETITIONER,
v.
LANE S. ABRAHAM AND THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA, JUVENILE DIVISION, RESPONDENTS
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The court quashed a circuit court order awarding attorney's fees to an attorney representing a parent in a juvenile dependency appeal because the appellate decision had not yet been rendered, holding that attorney's fees on appeal cannot accrue until the appellate court issues a final decision.
Attorney's fees on appeal cannot be awarded until the appellate court renders a final decision in the subject appeal.
[1] Attorney's fees for appellate representation cannot be awarded until the appellate court has rendered a final decision in the appeal.
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Join FLexlaw to unlock all legal intelligenceMetropolitan Dade County sought review of a circuit court order awarding attorney's fees to Lane Abraham for representing a parent on appeal from an a…
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PER CURIAM.
This is a petition for a writ of certiorari brought by Metropolitan Dade County which seeks review of a circuit court order awarding attorney’s fees to the respondent Lane Abraham for representing a parent before this court on appeal from an adverse order entered in a juvenile dependency proceeding.
Without reaching any of the issues raised by Metropolitan Dade County in its petition, we quash the order under review for being prematurely entered. The appeal in which Mr. Abraham is representing the aforesaid parent is still pending before this court and no final decision has been rendered in the case. It is elementary that no right to attorney’s fees on appeal accrues until the appellate court renders a decision in the subject appeal. See Gieseke v. Gieseke, 499 So. 2d 839, 839 (Fla. 4th DCA 1986); DiTeodoro v. Lazy Dolphin Dev. Co., 432 So. 2d 625, 626 (Fla. 3d DCA 1983); Mullins v. Mullins, 342 So. 2d 83, 84 (Fla. 4th DCA 1976).
This decision, however, shall be without prejudice to the respondent Lane Abraham applying to the circuit court below for appellate attorney’s fees at any time after this court renders a final decision in the above-stated appeal. We express no views, however, as to Mr. Abraham’s entitlement to such attorney’s fees, nor as to the amount of such fees, if awardable.
The petition for a writ of certiorari is granted, and the order under review is quashed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Gieseke v. Haydee Gieseke, 499 So. 2d 839 (Fla. 4th DCA 1986)
- Mullins v. Mullins, 342 So. 2d 83 (Fla. 4th DCA 1976)
- DI Teodoro v. Lazy Dolphin Dev. Co., 432 So. 2d 625 (Fla. 3d DCA 1983)