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Miller v. Fed. Nat'l Mortgage Ass'n

District Court of Appeal of Florida, Third District
Jan 15, 1982
407 So. 2d 956 (Fla. Dist. Ct. App. 1982)

Opinion

No. 81-991.

December 8, 1981. Rehearing Denied January 15, 1982.

Appeal from the Circuit Court, Dade County, Joseph J. Gersten, J.

Elliot L. Miller, Miami Beach, for appellant.

Swann Haddock, and Brian D. Hill, Orlando, for appellees.

Before HUBBART, C.J., and DANIEL S. PEARSON and FERGUSON, JJ.


Elliot Miller appeals from trial court orders of April 9, 1981 and April 28, 1981 requiring Miller to pay plaintiff/appellee $3,500.00 in attorney's fees in compliance with a court order of January 29, 1981. We affirm upon a finding that appellant in arguing that the court erred in determining the amount of attorney's fees owed fails to state a valid ground for noncompliance with a court order. Appellant failed to timely file a notice of appeal from the order of January 29, 1981. Appellant may not now circumvent the Rules of Appellate Procedure and, some ninety-seven days after the final court order as to the amount of fees owed, argue the merits of that decision by filing a notice of appeal from a post-judgment order of compliance. See, e.g., Blount v. Hansen, 116 So.2d 250 (Fla. 2d DCA 1959), appeal dismissed, 133 So.2d 73 (Fla. 1961); Alderman v. Puritan Dairy, Inc., 145 Fla. 292, 199 So. 44 (1940); Chan v. Brunswick Corp., 388 So.2d 274 (Fla. 4th DCA 1980); Fla.R.App.P. 9.110(b).

Affirmed.


Summaries of

Miller v. Fed. Nat'l Mortgage Ass'n

District Court of Appeal of Florida, Third District
Jan 15, 1982
407 So. 2d 956 (Fla. Dist. Ct. App. 1982)
Case details for

Miller v. Fed. Nat'l Mortgage Ass'n

Case Details

Full title:ELLIOT L. MILLER, APPELLANT, v. FEDERAL NATIONAL MORTGAGE ASSOCIATION, A…

Court:District Court of Appeal of Florida, Third District

Date published: Jan 15, 1982

Citations

407 So. 2d 956 (Fla. Dist. Ct. App. 1982)