3003 INDIAN CREEK RR, LLC
v.
ALFREDO ARIAS
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A motion for attorney's fees must be filed within thirty days of entry of final judgment unless the judgment itself determines entitlement to attorney's fees.
[1] A motion for attorney's fees must be filed within thirty days of entry of final judgment unless the judgment itself reserves or determines the prevailing party's entitlem…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“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.”
Kalb v. Nack Holding, LLC, cited for the governing rule on attorney's fee timing.
Appellant 3003 Indian Creek RR, LLC appealed a trial court judgment entered in favor of Alfredo Arias and other appellees in Miami-Dade County.…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Timeliness Of Motion For Attorney'S Fees cases and more on FLexlaw
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)