TIFFANY N. SWANN, APPELLANT,
v.
ANNE K. DINAN, APPELLEE
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Tiffany Swann appeals an award of attorney's fees and costs to Anne Dinan, arguing the motion for fees was untimely. The court reverses, holding that Florida Rule of Civil Procedure 1.525 requires motions for attorney's fees to be filed within thirty days of the final judgment, not thirty days of the verdict, and this bright-line rule must be strictly enforced.
The motion for attorney's fees was untimely because it was not filed within thirty days of the final judgment entered on November 25, 2002. Rule 1.525 establishes a bright-line rule requiring motions for fees and costs to be served within thirty days after the filing of the judgment, not the verdict, and this rule must be strictly enforced regardless of whether a party had notice of the claim.
[1] A motion for attorney's fees and costs must be served within thirty days after the filing of the judgment to comply with Florida Rule of Civil Procedure 1.525.
[2] Florida Rule of Civil Procedure 1.525 establishes a bright-line rule for the timeliness of posttrial motions for costs and attorney's fees.
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Join FLexlaw to unlock all legal intelligence“this court held that rule 1.525 was created to establish a bright-line rule governing the timeliness of posttrial motions for costs and attorney's fees. The rule requires a party seeking fees and costs to "serve a motion within 30 days after the filing of the judgment."”
Establishes the controlling legal standard: Rule 1.525 is a bright-line rule requiring service within 30 days after judgment filing, not verdict.
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Join FLexlaw to unlock all legal intelligenceA jury returned a verdict on December 14, 2001, finding that Dinan's negligence was not the legal cause of Swann's loss. Dinan filed a motion for atto…
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FULMER, Judge.
Tiffany Swann appeals the amended final judgment awarding Anne K. Dinan $17,483.97 in attorney’s fees and costs. Because Dinan did not file her motion for attorney’s fees and costs within thirty days of the filing of the initial final judgment, we reverse.
On December 14, 2001, the jury in the underlying automobile negligence case returned a verdict finding that Dinan’s admitted negligence was not the legal cause of loss, injury or damage to Swann.
On December 20, 2001, Dinan filed a motion to tax attorney’s fees and costs pursuant to a previously served proposal for settlement. After denial of Swann’s posttrial motions but before entry of a final judgment, a notice of appeal was filed. During the pendency of the appeal, this court relinquished jurisdiction to allow Swann to obtain a final judgment.
On November 25, 2002, the trial court entered a final judgment in favor of Dinan and reserved jurisdiction to consider the award of attorney’s fees and costs.
On December 27, 2002, this court affirmed the trial court’s final judgment and orders denying Swann’s posttrial motions.
On October 27, 2003, the trial court conducted a hearing on Dinan’s motion for fees which had been filed on December 20, 2001. Swann objected because the motion was not filed within thirty days after the November 25, 2002, final judgment was filed as required by Florida Rule of Civil Procedure 1.525.1 The trial court concluded that Dinan’s motion was timely because it was filed within thirty days of the verdict.
In Gulf Landings Ass’n, Inc. v. Hershberger, 845 So. 2d 344 (Fla. 2d DCA 2003), this court held that rule 1.525 was created to establish a bright-line rule governing the timeliness of posttrial motions for costs and attorney’s fees. The rule requires a party seeking fees and costs to “serve a motion within 30 days after the filing of the judgment.” Fla. R. Civ. P. 1.525. Although Swann was aware of Dinan’s claim for fees and its legal basis and, therefore, can claim no prejudice, we once again conclude that as unpleasant as it is to strictly enforce rule 1.525, it must be enforced if it is to remain the “bright-line” rule as intended by the Florida Rules of Civil Procedure Committee and adopted by the supreme court. See Amendments to Florida Rules of Civil Procedure, 773 So. 2d 1098 (Fla.2000); see also Fla. R. Civ. P. 1.525 committee notes (2000 adoption). Because Dinan filed no motion for fees within thirty days after the filing of the judgment, we reverse.
Reversed.
ALTENBERND, C.J., and STRINGER, J., Concur. . Florida Rule of Civil Procedure 1.525 states: Any party seeking a judgment taxing costs, attorneys’ fees, or both shall serve a motion within 30 days after filing of the judgment, including a judgment of dismissal, or the service of a notice of voluntary dismissal.
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Barco v. Sch. Bd. OF Pinellas Cnty., 975 So. 2d 1116 (Fla. 2008)…and costs must be served within the thirty-day window after a judgment, not preceding it. Barco appealed to the Second District, resulting in the decision now before the Court, in which the district court adhered to its precedent in Swann v. Dinan, 884 So. 2d 398 (Fla. 2d DCA 2004), and certified conflict with the four other district courts in Martin Daytona, Byrne-Henry, Swift, and Norris. We first discuss the impetus for the adoption of the rule at issue setting a time requirement for service of motions f…
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Nicoletti v. Nicoletti, 902 So. 2d 215 (Fla. 2d DCA 2005)…rule that requires a party to file a separate motion for attorney’s fees within thirty days of the entry of a judgment. That a judgment reserves jurisdiction to award fees does not automatically extend the time for filing the motion. Swann v. Dinan, 884 So. 2d 398, 399 (Fla. 2d DCA 2004); Gulf Landings Ass’n v. Hershberger, 845 So. 2d 344 (Fla. 2d DCA 2003). In this regard, we disagree with the Third and the Fourth Districts, and we certify conflict with Saia Motor Freight Line, Inc. v. Reid, 888 So. 2d 102 (…
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Norris v. Treadwell, 934 So. 2d 1207 (Fla. 2006)…IAM. We initially accepted jurisdiction to review Norris v. Treadwell, 907 So. 2d 1217 (Fla. 1st DCA 2005), a decision by the First District Court of Appeal certifying conflict with the Second District Court of Appeal’s decision in Swann v. Dinan, 884 So. 2d 398 (Fla. 2d DCA 2004). See art. V, § 3(b)(4), Fla. Const. We recognize that Florida Rule of Civil Procedure 1.525 was amended effective January 1, 2006, and now provides: “Any party seeking a judgment taxing costs, attorneys’ fees, or both shall serve…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gulf Landings Ass'n, Inc. v. Hershberger, 845 So. 2d 344 (Fla. 2d DCA 2003)
- Amendments to the Florida Rules of Civil Procedure, 773 So. 2d 1098 (Fla. 2000)