Narrative Opinion Summary
The case involves an appeal by the appellants, including Robert Taylor, against a circuit court judgment that denied their motion for attorneys' fees and costs on the grounds of untimeliness. The circuit court had relied on Barco v. School Board of Pinellas County, a precedent later overturned by the Florida Supreme Court. The appellants submitted a 'motion for reversal under consent,' which the appellate court granted. The appellate court found that under Florida Rule of Civil Procedure 1.525, a motion for attorneys' fees filed after a jury verdict but before the final judgment is timely, and the rule does not restrict filing to within thirty days after judgment entry. Consequently, the appellate court reversed the circuit court's judgment and orders that struck the plaintiffs' motion and denied rehearing. The case was remanded for the reinstatement of the order granting entitlement to attorneys' fees and further proceedings as necessary. Judges Casanueva, Salcines, and Silberman concurred in the decision, ensuring the appellants' entitlement to pursue their claim for attorneys' fees.
Legal Issues Addressed
Interpretation of Florida Rule of Civil Procedure 1.525subscribe to see similar legal issues
Application: The court clarified that Rule 1.525 does not mandate that a motion for attorneys' fees be served only within thirty days following the entry of judgment.
Reasoning: The court emphasized that this rule does not require the motion to be served only within thirty days of the judgment filing.
Remand for Further Proceedingssubscribe to see similar legal issues
Application: The case was remanded to reinstate the order granting entitlement to attorneys' fees and to conduct further proceedings as necessary.
Reasoning: The case was remanded for the reinstatement of the order granting entitlement to attorneys' fees and for further proceedings as necessary.
Reversal of Judgment for Untimelinesssubscribe to see similar legal issues
Application: The appellate court reversed the circuit court's decision to deny the appellants' motion for attorneys' fees based on untimeliness, following the quashing of Barco v. School Board of Pinellas County by the Florida Supreme Court.
Reasoning: The circuit court ruled the motion was untimely, relying on Barco v. School Board of Pinellas County, a decision subsequently quashed by the Florida Supreme Court.
Timeliness of Motion for Attorneys' Fees under Florida Rule of Civil Procedure 1.525subscribe to see similar legal issues
Application: The court determined that a motion for attorneys' fees filed after a jury verdict but before the final judgment is considered timely.
Reasoning: The court ruled that a motion for attorneys' fees filed after a jury verdict, but before the final judgment, is timely under Florida Rule of Civil Procedure 1.525.