THE BANK OF NEW YORK, AS TRUSTEE FOR THE BENEFIT OF CWMBS, INC., CHL MORTGAGE PASS-THROUGH TRUST 2007-19 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-19, PETITIONER,
v.
RICHARD VON HOUTMAN, ET AL., RESPONDENTS
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The Bank of New York petitioned for a writ of certiorari to review a trial court discovery order. The respondent filed a motion for appellate attorneys' fees, which the court denied as untimely under Florida Rule of Appellate Procedure 9.100(k).
The motion for appellate attorneys' fees was untimely and therefore denied. In original jurisdiction proceedings, motions for attorneys' fees must be served no later than twenty days after the respondent's response to the petition, or within such other time as set by the court.
[1] Motions for attorney's fees in original appellate proceedings must be served no later than the time for service of the petitioner's reply to the response to the petition.
[2] In original appellate proceedings where a response to the petition has been filed, a motion for attorneys' fees must be filed within twenty days of the response, or withi…
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Join FLexlaw to unlock all legal intelligence“Motions for attorney's fees in original proceedings must be Served "not later than .the time for service of the petitioner's réply to the response to the petition." Fla. R. App. P. 9.400(b)(2).”
Establishes the applicable rule governing when motions for attorneys' fees must be filed in original jurisdiction proceedings.
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Join FLexlaw to unlock all legal intelligenceThe Bank of New York, as trustee, petitioned the appellate court for a writ of certiorari to review a discovery order from the trial court. The court …
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On Motion for'Attorneys’ Fees
The Bank of New York as Trustee for the Benefit of CWMBS, Inc., CHL Mortgage Pass-Through Trust 2007-19 Mortgage Pass-Through Certificates, Series 2007-19 (“the Bank”), petitioned this court for a writ of certiorari to review a trial court discovery order. After we issued an order dismissing that petition, respondent filed a motion for appellate attorneys’ fees. Because it was not timely filed pursuant to Florida Rule of Appellate Procedure 9.100(k), we deny the motion.
As the Bank petitioned this court'for a writ of certiorari, we have original jurisdiction. See Fla. R. App. P. '9.100(a)-(b). Motions for attorney’s fees in original proceedings must be Served “not later than .the time for service of the petitioner’s réply to the response to the petition.” Fla. R. App. P. 9.400(b)(2). “Under rule 9.100, parties may not respond to the petition unless the appellate court issues an order to show cause.” Advanced Chiropractic & Rehab. Ctr., Corp., 140 So.3d 529, 534 (Fla.2014), Here, we issued an order to respondent to show cause why the petition should not be granted, and he later filed a résponse within the time period allotted.1
*131If a response has been filed, rule 9.100(k) states, that “[w]ithin 20 days thereafter or such other time set by the court, the petitioner may serve a reply. ..Fla. R. App. P. 9.100(k). Thus, where a response has been filed by the respondent in cases of original jurisdiction, any motion for attorneys’ fees must .be filed within twenty days of the response, or within any other time set by the appellate court.
Here, respondent failed to timely file the motion in accordance "with the deadlines established in these rules. Accordingly, the motion for appellate attorneys’ fees is denied.
Motion for fees denied.
WARNER, DAMOORGIAN and KLINGENSMITH, JJ., concur.
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- Advanced Chiropractic & Rehab. Ctr. v. United Auto. Ins. Co., 140 So. 3d 529 (Fla. 2014)