Summary
In Maney the wife's motion to assess attorneys' fees was also filed beyond the time for the filing of a motion for rehearing. The final judgment, which gave full faith and credit to a Kentucky divorce decree, did not reserve jurisdiction for the consideration of fees. Maney, therefore, is facially similar to this case.
Summary of this case from McBride v. McBrideOpinion
No. AE-215.
April 26, 1982.
Appeal from the Circuit Court, Okaloosa County, G. Robert Barron, J.
John P. Townsend, of Selby, Chesser, Wingard Barr, Fort Walton Beach, for appellant.
Ernest L. Cotton, of Cotton, Wesley Poche, Shalimar, for appellee.
Husband appeals an April 27, 1981, order awarding wife attorney's fee following entry of an earlier final order giving full faith and credit to a Kentucky divorce decree. The order establishing the Kentucky decree in Florida was rendered June 18, 1980. It did not reserve jurisdiction to award an attorney's fee. The wife filed a motion for attorney's fees on July 3, 1980. Since the motion was filed after the time for filing petition for rehearing had passed (Fla.R.Civ.P. 1.530(b)), the trial court lacked jurisdiction to award the attorney's fees. Frumkes v. Frumkes, 328 So.2d 34 (Fla. 3d DCA 1976). Accordingly, the order appealed is REVERSED.
ERVIN and WENTWORTH, JJ., concur.