Opinion
Case No: 2:17-cv-94-FtM-38
07-20-2017
IN RE: CINDY BREWER CINDY BREWER, Appellant, v. LAGO VILLAGGIO HOMEOWNERS ASSOCIATION, INC, Appellee.
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This matter comes before the Court on Appellee Lago Villaggio Homeowners Association, Inc.'s Motion for Attorney's Fees on Appeal. (Doc. 18). Appellant Cindy Brewer has not filed a response, and the time to do so has expired. This matter thus is ripe for review.
This is a pending bankruptcy appeal. Lago Villaggio moves for attorney's fees now "in an abundance of caution because none of the governing [bankruptcy] rules clearly state when appellate-fee motions should be filed." (Doc. 18). Lago Villaggio acknowledges that it is risking prematurity over untimeliness. It also generally cites the difference between when to file a motion for attorney's fees in federal versus state court for non-bankruptcy appeals. (Doc. 18 at 2 (comparing 11th Cir. R. 39-2(a) with Fla. R. App. P. 9.400(b)).
As the appeal has not yet been resolved, Lago Villaggio's motion for attorney's fees is premature. The matter of attorney's fees is best addressed after the appeal is resolved. See F. Bankr. P. 7054 (referring to Fed. R. Civ. P. 54(d)(2)); see also Fed. R. App. P. 6 (stating that an appeal from a final judgment in bankruptcy proceedings is taken as any other civil appeal); 11th Cir. R. 39-2 (stating "an application for attorney's fees must be filed with the clerk within 14 days after entry of an order disposing of a timely petition for rehearing or denying a timely petition for rehearing en banc, whichever is later.").
Accordingly, it is now
ORDERED:
Appellee Lago Villaggio Homeowners Association, Inc.'s Motion for Attorney's Fees on Appeal (Doc. 18) is DENIED without prejudice. Lago Villaggio may renew its motion if the appeal is resolved in its favor.
DONE and ORDERED in Fort Myers, Florida this 20th day of July 2017.
/s/ _________
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE Copies: All Parties of Record