Legal Question in Civil Litigation in Florida

I have been award a final order in my favor. I was the defendant. The order reads as follows:

1. plaintiffs claims for damamges under chapter 559, plaintiff shall take nothing from the defendant and the defendat shall go hence without day.

2. on the claim for breach of contract plaintiff shall take nothing from the defendat and the defendant shall go hence without day.

3. this court retains jurisdiction in this matter for an award of costs and attorney fees on the chapter 559 claim.

The order was entered in 3/09 and the plaintiff sent the case to the 5th DCA in 3/09. The appeal was dismissed in 6/09 and on 7/09 I filed for the reimbursement of attorney fees. Plaintiff opped & wants me to drop the case citing time limits per 57.105 Fla. Stat. 2009 and Fla. R. Civ. P. 1.525.

I will not drop the case. Three years was taken from me for a meaningless claim that the plaintiff could never prove. The plaintiff states that they have a duty to collect their fees for the plaintiff but I have not suty to collect the fees I paid out.

I have drafted the respose as No I will not drop the motion and to let the court decide.

Any additional advise.


Asked on 9/10/09, 2:33 pm

2 Answers from Attorneys
Philip Duvalsaint Philip A. Duvalsaint, PLLC

The deadline to file for entitlement to fees is 30 days under Rule 1.525 which states:

Any party seeking a judgment taxing costs, attorneys' fees, or both shall serve a motion no later than 30 days after filing of the judgment, including a judgment of dismissal, or the service of a notice of voluntary dismissal.

Your order could be construed either as containing an award of attorney's fees (not likely) or simply a reservation of jurisdiction to determine entitlement to fees. (more likely). If you did not move for fees, then you may be out of luck. If you didn't have an attorney represent you you won't be able to obtain attorney's fees either. If you had representation, then you need to find out if there was a motion for attorney's fees made within the 30 day deadline.

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Answered on 9/10/09, 4:02 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

The failure to move for fees and costs under the order within the time required by the rule means that you will most probaboly -- almost certainy -- lose.

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Answered on 9/10/09, 10:37 pm


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