Narrative Opinion Summary
In this case, the appellant challenged the trial court's decision to grant appellate attorney's fees to the appellee without an appellate court mandate. The dispute arose after the appellant's prior appeal was dismissed as untimely, and the appellee failed to file a motion for appellate fees with the appellate court, as required by Florida Rule of Appellate Procedure 9.400(b). The trial court justified its award based on the parties' property settlement agreement. However, the appellate court reversed the trial court's order, emphasizing that established case law dictates such fees must only be awarded when directed by an appellate court. The appellate court found that the dismissal of the appeal did not grant the trial court jurisdiction to award appellate fees, and that the property settlement agreement could not supersede this procedural requirement. Consequently, the appellate court concluded that the trial court erred in awarding fees, and the decision was reversed. Judges Klein and Hazouri concurred with the judgment.
Legal Issues Addressed
Application of Florida Rule of Appellate Procedure 9.400(b)subscribe to see similar legal issues
Application: The rule requires a motion for appellate fees to be filed with the appellate court, which was not done in this case, invalidating the trial court's award of fees.
Reasoning: Curry did not file a motion for appellate fees with the appellate court as required by Florida Rule of Appellate Procedure 9.400(b).
Authority to Award Appellate Attorney's Feessubscribe to see similar legal issues
Application: The trial court lacks the authority to award appellate attorney's fees without a specific mandate from the appellate court as required by procedural rules.
Reasoning: The appellate court reverses this decision, stating that the trial court lacks the authority to award such fees without a mandate from the appellate court.
Jurisdiction after Dismissal of Appealsubscribe to see similar legal issues
Application: The dismissal of an appeal does not confer jurisdiction upon the trial court to award appellate fees.
Reasoning: Curry's argument that he had to seek fees from the trial court following the dismissal is rejected, as the dismissal does not provide the trial court with jurisdiction to grant appellate fees.
Role of Property Settlement Agreement in Awarding Feessubscribe to see similar legal issues
Application: A property settlement agreement cannot override the requirement for appellate court direction in awarding appellate attorney's fees.
Reasoning: The trial court had justified its decision by referencing the parties' property settlement agreement, which purportedly allowed for such awards.