05-1875 CHAMIZO V. FORMAN

SUPREME COURT CASES

Laws-info.com » Cases » Florida » Florida Third District Court » 2006 » 05-1875 CHAMIZO V. FORMAN

State: Florida

Court: Florida Third District Court

Docket No: 05-1875 CHAMIZO V. FORMAN

Case Date: 07/19/2006

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2006

MANUEL CHAMIZO, III, Appellant, vs. SAMUEL FORMAN, Appellee.

** ** ** ** ** ** LOWER TRIBUNAL NO. 03-18345 CASE NO. 3D05-1875

Opinion filed July 19, 2006. An Appeal from the Circuit Court for Miami-Dade County, Ronald M. Friedman, Judge. Alvarez, Eljaiek & Alvarez, for appellant. Rodriguez, P.L., and Benjamin R.

Liliana V. Avellan (Hollywood), for appellee.

Before GREEN, FLETCHER, and RAMIREZ, JJ. GREEN, J. Appellant/Plaintiff, Manuel Chamizo, appeals from an order awarding Appellee/Defendant, Samuel Forman, attorney's fees as the prevailing party in the suit below. We affirm.

A final summary judgment in the action below was entered in Forman's favor. The judgment also determined that Forman was

entitled to attorney's fees as the prevailing party: The Court finds that Defendant, Samuel Forman, is the prevailing party and is entitled to an award for attorney's fees and costs against Plaintiff . . . . SAMUEL FORMAN shall recover attorney's fees and costs from Plaintiff, the amount to be determined by this Court at another hearing. (emphasis added) We per curiam affirmed the final summary judgment in its

entirety in an earlier appeal. 272 (Fla. 3d DCA 2005). Forty-four days after the

Chamizo v. Forman, 910 So. 2d

entry

of

the

final

judgment, Chamizo

Forman filed his motion for attorney's fees and costs.

objected on the grounds that the motion was untimely pursuant to Florida Rule of Civil Procedure 1.525, 1 which requires motions seeking fees and costs to be served within thirty days after the filing of the judgment. The trial court awarded Forman

$14,995.40 in attorney's fees and costs.

Chamizo appeals.

We find no merit to Chamizo's claim that the motion for fees was untimely. awarded The fees final and judgment to in this case The had court

specifically

costs

Forman.

1

This rule provides: Any party seeking a judgment taxing costs, attorney's fees, or both shall serve a motion within 30 days after filing of the judgment, including a judgment of dismissal, or the service of a notice of voluntary dismissal. 2

reserved its jurisdiction solely to allow it to determine the amount of said fees and costs. costs had already been awarded Given the fact that fees and by the final judgment and

affirmed by this court, the timeliness of Forman's motion is a non-issue. 2 Accordingly, we affirm.

Cf. Saia Motor Freight Line, Inc. v. Reid, 31 Fla. L. Weekly S281 (Fla. May 11, 2006)(court's reservation of jurisdiction to determine amount of fees and costs where award of same has yet to be determined, does not extend 30-day filing requirement of Rule 1.525). 3

2

Download 05-1875 CHAMIZO V. FORMAN.pdf