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McGlothin v. Hughes

District Court of Appeal of Florida, Fourth District
Jan 26, 2000
751 So. 2d 677 (Fla. Dist. Ct. App. 2000)

Opinion

No. 99-1487.

Opinion filed January 26, 2000.

Petition for writ of certiorari to the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Richard D. Eade, Judge; L.T. No. 87-22035 (42).

Randy R. Freedman of Freedman McCloskey, Fort Lauderdale, and Dennis J. McGlothin of Smith Smart PLLC, Seattle, Washington, for petitioner.

Herbert B. Dell of Herbert B. Dell, P.A., Fort Lauderdale, for respondent.


Although the final judgment entered in August of 1996 on the wife's petition for modification reserved jurisdiction to determine entitlement to and the amount of attorney's fees by way of motion and affidavit, the wife did not file a motion for attorney's fees until some five months after the final judgment was entered. The petitioner thereafter withdrew as wife's counsel in March 1997. Neither the motion to withdraw nor the order granting it requested or reserved the right to continue to pursue the collection of attorney's fees. Additional post-judgment proceedings occurred in this heavily litigated divorce through other counsel. It was not until 1999 that the petitioner requested that the judge rule on the matter. The case was transferred to a successor judge who ultimately denied the motion, citing lack of jurisdiction and that the claim was barred by laches. We find no departure from the essential requirements of law in the conclusion of the court that the claim was stale and barred by laches. See Harvey v. Harvey, 716 So.2d 847, 848 (Fla. 4th DCA 1998). We therefore deny the petition.

WARNER, C.J., TAYLOR and HAZOURI, JJ., concur.


Summaries of

McGlothin v. Hughes

District Court of Appeal of Florida, Fourth District
Jan 26, 2000
751 So. 2d 677 (Fla. Dist. Ct. App. 2000)
Case details for

McGlothin v. Hughes

Case Details

Full title:DENNIS J. McGLOTHIN, ESQUIRE, Petitioner, v. DAVID L. HUGHES, Respondent

Court:District Court of Appeal of Florida, Fourth District

Date published: Jan 26, 2000

Citations

751 So. 2d 677 (Fla. Dist. Ct. App. 2000)