RON COCHRAN, SHERIFF OF BROWARD COUNTY, FLORIDA, APPELLANT,
v.
LIZA PERRUSO, APPELLEE
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The court held that the trial court erred in awarding appellate attorney's fees because the party seeking fees failed to comply with Florida Rule of Appellate Procedure 9.400 by not filing a motion with the appellate court.
The Sheriff seized money from Perruso, and after a probable cause hearing, the trial court ordered its return. The Sheriff appealed this order, and th…
The full statement of facts, procedural history, and disposition for this case are member content.
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STEVENSON, Judge.
Ron Cochran, Sheriff of Broward County, appeals an order awarding Liza Perruso $3,375.00 in appellate attorney’s fees. We reverse, finding that Ms. Perruso failed to comply with the requirements of Florida Rule of Appellate Procedure 9.400.
In April of 1993, the Broward County Sheriffs Office seized $4,939.00 from Ms. Perruso. Shortly thereafter, a probable cause hearing was held to determine the validity of the seizure. The trial court found insufficient cause and Mr. Cochran appealed. The trial court’s decision was affirmed in In re Forfeiture of $1,939.00, 641 So. 2d 973 (Fla. 4th DCA 1994). Without filing a motion for appellate attorney’s fees with this court in accordance with rule 9.400, Ms. Perruso filed a motion for appellate attorney’s fees with the trial court. After a hearing, the trial court awarded her $3,375.00 in appellate attorney’s fees. Mr. Cochran now appeals that award.
We are compelled to reverse the award because the record indicates the trial court impermissibly compensated Ms. Perruso’s attorney for services rendered during the prior appeal. Florida Rule of Appellate Procedure 9.400 requires that attorney’s fees for preparation of an appeal be requested-in the appellate court, and may be taxed by the trial court only after issuance of a mandate from the appellate court. Gieseke v. Gieseke, 499 So. 2d 839 (Fla. 4th DCA 1986). Absent such a mandate, the trial court lacks-authority to award appellate attorney’s fees. Hornsby v. Newman, 444 So. 2d 90, 91 (Fla. 4th DCA 1984), citing Elswick v. Martinez, 394 So. 2d 529 (Fla. 3d DCA 1981). The record reveals Ms. Perruso failed to file a motion for appellate attorney’s fees with this court during the pendency of the prior appeal.
REVERSED.
STONE and FARMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Gieseke v. Haydee Gieseke, 499 So. 2d 839 (Fla. 4th DCA 1986)
- Hornsby v. Newman, 444 So. 2d 90 (Fla. 4th DCA 1984)
- Elswick v. Martinez, 394 So. 2d 529 (Fla. 3d DCA 1981)
- In re the Forfeiture OF Four Thousand Nine Hundred Thirty Nine Dollars ($4, 641 So. 2d 973 (Fla. 4th DCA 1994)
- Albin v. Kramer, 641 So. 2d 973 (Fla. 4th DCA 1994)