Opinion
No. 3D19-111
10-23-2019
Janis FLEMING, Appellant, v. Yvette E. BLACKWELL-GOMEZ, Appellee.
Law Offices of Grey and Mourin and Jason Grey, for appellant. A Able Advocates – Stuart L. Koenigsberg, P.A., and Stuart L. Koenigsberg, for appellee.
Law Offices of Grey and Mourin and Jason Grey, for appellant.
A Able Advocates – Stuart L. Koenigsberg, P.A., and Stuart L. Koenigsberg, for appellee.
Before FERNANDEZ, HENDON, and MILLER, JJ.
FERNANDEZ, J. Janis Fleming appeals the trial court's Final Order denying her motion for attorney's fees and costs and granting plaintiff Yvette Blackwell-Gomez's Motion to Strike Fleming's motion for attorneys' fees and costs. We affirm.
After successfully litigating her motion for Stand Your Ground immunity under section 776.032, Florida Statutes, (2012), Fleming filed a motion for attorney's fees and expenses pursuant to section 776.032(3). Unfortunately, her motion was filed more than thirty days after the dismissal order was entered. The trial court's dismissal order included the following:
For the foregoing reasons Defendant's Motion to Dismiss Count I, II, and III of Plaintiff's Complaint with prejudice is GRANTED. This case is dismissed with prejudice and Plaintiff shall go hence without day. The Court retains jurisdiction to address any post-judgment matters including authorized motions for attorney's fees and costs.
The order was entered on May 23, 2018. The motion for attorney's fees was not filed until October 3, 2018. On the opposing party's motion and Fleming's response, the trial court struck the motion for attorney's fees as untimely pursuant to Florida Rule of Civil Procedure 1.525. Among other things, Fleming claims that the trial court should have considered her argument that the motion for attorney's fees was filed late due to excusable neglect.
When a court retains jurisdiction to address post-judgment matters such as authorized motions for attorney's fees and costs, without a specific finding of entitlement in the order, a party's motion for attorney's fees and costs that is filed more than thirty days after the trial court's order is entered is untimely. Amerus Life Ins. Co. v. Lait, 2 So. 3d 203, 207 (Fla. 2009). As the Florida Supreme Court stated in Amerus:
Florida Rule of Civil Procedure 1.525 was adopted to set bright-line time requirements for motions for attorneys' fees and costs. See Amendments to Fla. Rules of Civil Pro., 773 So.2d 1098 (Fla.2000). Rule 1.525 provides: "Any party seeking a judgment taxing costs, attorneys' fees, or both shall serve a motion no later than 30 days after filing of the judgment, including a judgment of dismissal, or the service of a notice of voluntary dismissal."
Amerus, 2 So. 3d at 205.
As for the question of excusable neglect, Fleming never filed a motion pursuant to rule 1.090(b)(2) seeking, on the basis of excusable neglect, an enlargement of time to file her motion for attorney's fees and costs. As the court stated in State, Dept. of Transp. v. Southtrust Bank, 886 So. 2d 393, 395 (Fla. 1st DCA 2004) :
When read together, it seems relatively clear to us that rule 1.525 requires a motion to tax fees or costs to be served within 30 days after entry of judgment unless, by motion filed pursuant to rule 1.090(b) either before or after the 30 days has run, the movant seeks an enlargement of time.
Here, the defendant never sought an enlargement of time to file her motion for attorney's fees and costs, and the trial court correctly struck the motion for attorney's fees. See Carter v. Lake County, 840 So. 2d 1153 (Fla. 5th DCA 2003) (holding that the excusable neglect provisions of rule 1.090(b) applies to the time limits of rule 1.525 ). Accordingly, we affirm the trial court's order denying Fleming's motion for attorney's fees and cost and granting Blackwell-Gomez's motion to strike the attorney's fees and costs.
Affirmed.