3003 INDIAN CREEK RR, LLC
v.
ALFREDO ARIAS
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A motion for attorney's fees need not be filed within thirty days of final judgment when the trial court has already determined the prevailing party's entitlement to fees as part of the relief granted in the judgment.
[1] A motion for attorney's fees is exempt from the thirty-day filing requirement of Florida Rule of Civil Procedure 1.525 when the trial court's judgment has already determi…
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Join FLexlaw to unlock all legal intelligence“Once the trial court determines that the prevailing party is entitled to attorneys' fees and costs, the losing party is aware that it is required to pay the fees and costs. At that point, the concerns of prejudice and unfair surprise to the losing party are eliminated, thus eliminating the need to apply the thirty-day time requirement.”
From Amerus Life Ins. Co. v. Lait, 2 So. 3d 203, 207 (Fla. 2009), cited by the court to explain the rationale for the exception to the thirty-day requirement.
3003 Indian Creek RR, LLC appealed a circuit court judgment in Miami-Dade County. The dispute involved a motion for attorney's fees.…
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PER CURIAM.
Affirmed. See Kalb v. Nack Holding, LLC, 79 So. 3d 175, 176 (Fla. 3d
DCA 2012) (“[A] motion for attorney’s fees must be filed within thirty days of entry of final judgment to permit a trial court to award such fees. The only recognized exception to this requirement is when the trial court has already, in the judgment, determined entitlement to attorney’s fees as part of the relief granted to the prevailing party.”) (emphasis in original); Amerus
Life Ins. Co. v. Lait, 2 So. 3d 203, 207 (Fla. 2009) (“Once the trial court determines that the prevailing party is entitled to attorneys’ fees and costs,
the losing party is aware that it is required to pay the fees and costs. At that point, the concerns of prejudice and unfair surprise to the losing party are eliminated, thus eliminating the need to apply the thirty-day time requirement under [Florida Rule of Civil Procedure] 1.525.”); Ramle Int’l Corp. v. Greens
Condo. Ass’n, Inc., 32 So. 3d 647, 648 (Fla. 3d DCA 2010) (holding “the prevailing party’s entitlement to attorneys’ fees had already been determined, and the trial court merely reserved jurisdiction to determine the amounts”); Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979) (“Without a record of the trial proceedings, the appellate court can not properly resolve the underlying factual issues so as to conclude that the trial court’s judgment is not supported by the evidence or by an alternative theory.”).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)
- Amerus Life Ins. Co. v. Lait, 2 So. 3d 203 (Fla. 2009)
- Ramle Int'l Corp. v. The Greens Condo. Ass'n, Inc., 32 So. 3d 647 (Fla. 3d DCA 2010)
- Kalb v. Nack Holding, LLC, 79 So. 3d 175 (Fla. 3d DCA 2012)