The $20,000 Question: Attorney s Fees in Family Law Cases
|
|
- Sibyl Waters
- 5 years ago
- Views:
Transcription
1 FFL AIC PUPILAGE GROUP II PROGRAM Thursday, October 19, 2017 Welcome and Announcements Ned I. Price Invocation Kevin Raudt EVENING PRESENTATION The $20,000 Question: Attorney s Fees in Family Law Cases An Overview of the Rules of Professional Conduct Governing Attorney s Fees Ramona Chaplin and Andrew Morgan The Nuts and Bolts of Temporary and Final Attorney s Fees Chris Taylor and Denise Watson Practical Concerns of the Judges The Honorable Jack Schemer Circuit Judge, Fourth Judicial Circuit Evening Toast Sienna Sprinkle
2 AN OVERVIEW OF THE RULES OF PROFESSIONAL CONDUCT GOVERNING ATTORNEY S FEES Ramona Chaplin and Andrew Morgan 1. Rule 4-1.5(b) Factors to Be Considered in Determining Reasonable Fees and Costs: (A) the time and labor required, the novelty, complexity, and difficulty of the questions involved, and the skill requisite to perform the legal service properly; (B) the likelihood that the acceptance of the particular employment will preclude other employment by the lawyer; (C) the fee, or rate of fee, customarily charged in the locality for legal services of a comparable or similar nature; (D) the significance of, or amount involved in, the subject matter of the representation, the responsibility involved in the representation, and the results obtained; (E) the time limitations imposed by the client or by the circumstances and, as between attorney and client, any additional or special time demands or requests of the attorney by the client; (F) the nature and length of the professional relationship with the client; (G) the experience, reputation, diligence, and ability of the lawyer or lawyers performing the service and the skill, expertise, or efficiency of effort reflected in the actual providing of such services; and (H) whether the fee is fixed or contingent, and, if fixed as to amount or rate, then whether the client's ability to pay rested to any significant degree on the outcome of the representation. 2. Rule 4-1.5(e) Duty to Communicate Basis or Rate of Fee or Costs to Client and Definitions: (1) When the lawyer has not regularly represented the client, the basis or rate of the fee and costs shall be communicated to the client, preferably in writing, before or within a reasonable time after commencing the representation. A fee for legal services that is nonrefundable in any part shall be confirmed in writing and shall explain the intent of the parties as to the nature and amount of the nonrefundable fee. The test of reasonableness found in subdivision (b), above, applies to all fees for legal services without regard to their characterization by the parties. (2) Definitions. (A) Retainer. --A retainer is a sum of money paid to a lawyer to guarantee the lawyer's future availability. A retainer is not payment for past legal services and is not payment for future services. (B) Flat Fee. --A flat fee is a sum of money paid to a lawyer for all legal services to be provided in the representation. A flat fee may be termed "non-refundable." (C) Advance Fee. --An advanced fee is a sum of money paid to the lawyer against which the lawyer will bill the client as legal services are provided.
3 Reasonableness Time and labor required Fee customarily charged Experience and reputation of the lawyer's skill reflected Non-Refundable Fees All fees, Non-Refundable Fees and True Retainers must be reasonable and not clearly excessive. A fee for legal services that is nonrefundable in any part shall be confirmed in writing and shall explain the intent of the parties as to the nature and amount of the non-refundable fee. Non-Refundable Retainers True retainers Retain lawyers for future availability Not for services performed or to be performed Fees can t be excessive Prudent lawyer clearly overreaching or unconscionable Intentional misrepresentation or fraud 3. Rule 4-1.5(f) Contingent Fees: Shall be in writing and state method of determining fee Rule 4-1.5(f) (3) A lawyer shall not enter into an arrangement for, charge, or collect: (A) any fee in a domestic relations matter, the payment or amount of which is contingent upon the securing of a divorce or upon the amount of alimony or support, or property settlement in lieu thereof Closing statement must be in writing and signed by client and all lawyers 4. Trust Account: Earned Fees: Do not put in trust account Fla. Bar v. Barley, 831 So.2d 163 (Fla. 2002): The misuse of client funds held in trust is one of the most serious offenses a lawyer can commit and disbarment is presumed to be the appropriate punishment. 5. Arbitration Clauses: Fee agreement must contain notice as outlined in Rule 4-1.5(i) and advise potential client to obtain independent legal advice as to whether it is proper to enter into a contract with mandatory fee arbitration.
4 6. The Inside Scoop to Avoid Problems with Fee Disputes/Excessive Fees: Written contracts Define terms clearly Provide monthly billings Conduct closing settlement conferences Summarize work for the client Show free work conducted 7. Case Law: Lawyer who charged client $3,340 for looking up the names of out-of-state attorneys in a legal directory and drafting and mailing two form letters to fourteen attorneys, and who obtained no results for the client, was suspended for 91 days for charging a clearly excessive fee. The Fla. Bar v. Carlon, 820 So. 2d 891, 2002 Fla. LEXIS 830, 27 Fla. L. Weekly S 369 (Fla. 2002). Pursuant to former Fla. Bar Code of Professional Responsibility, Disciplinary Rule (now Fla. Bar Reg. R ), an attorney was suspended from the practice of law for 91 days for charging clients excessive fees; and it was not proper to bill clients for pro bono services rendered to others or to charge fees without regard to actual time spent. The Florida Bar v. Richardson, 574 So. 2d 60, 1990 Fla. LEXIS 551, 15 Fla. L. Weekly S 237 (Fla. 1990), cert. denied, 502 U.S. 811, 112 S. Ct. 57, 116 L. Ed. 2d 33, 1991 U.S. LEXIS 4679, 60 U.S.L.W (1991). Attorney's conduct in charging an excessive hourly and contingent fee, in violation of former Fla. Bar R (now Fla. Bar Reg. R ) and failing to advise client to obtain independent counsel, in violation of former Fla. Bar R (now Fla. Bar Reg. R ), resulted in a 60 day suspension. The Florida Bar v. Barley, 541 So. 2d 606, 1989 Fla. LEXIS 268, 14 Fla. L. Weekly 199 (Fla. 1989).
5 I. Statutory Authority TEMPORARY ATTORNEY S FEES IN FLORIDA Christopher M. Taylor A. Fla. Stat : In every proceeding for dissolution of the marriage, a party may claim alimony and suit money in the petition or by motion, and if the petition is well founded, the court shall allow a reasonable sum therefor , Fla. Stat. (2017). B. Fla. Stat (1): The court may from time to time, after considering the financial resources of both parties, order a party to pay a reasonable amount for attorney s fees, suit money, and the cost to the other party of maintaining or defending any proceeding under this chapter, including enforcement and modification proceedings and appeals (1), Fla. Stat. (2017). C. Fla. Stat : The court may from time to time, after considering the financial resources of both parties, order a party to pay a reasonable amount for attorney s fees, suit money, and the cost to the other party of maintaining or defending any proceeding under this chapter, including enforcement and modification proceedings. An application for attorney s fees, suit money, or costs, whether temporary or otherwise, shall not require corroborating expert testimony in order to support an award under this chapter , Fla. Stat. (2017). II. Requirements A. Hearing Required. Absent a stipulation by the parties, a hearing is required prior to an award of temporary attorney s fees. Giovanini v. Giovanini, 89 So. 3d 280 (Fla. 1st DCA 2012). This is a basic element of due process. Matlack v. Matlack, 893 So. 2d 656 (Fla. 4th DCA 2005). B. Need and Ability to Pay. When analyzing a request for temporary attorney s fees, the court will look at need versus ability to pay. Freid v. Freid, 717 So. 2d 145 (Fla. 5th DCA 1998). The standard for determining need and ability to pay is the same in both temporary and final attorney s fee awards. Nichols v. Nichols, 519 So. 2d 620, 622 (Fla. 1998). The purpose of temporary attorney s fees is to ensure that both parties to a dissolution case have similar access to counsel and that neither has an unfair ability to obtain legal assistance because of the other's financial advantage. Young v. Young, 898 So. 2d 1076, 1077 (Fla. 3d DCA 2005). C. Reasonableness. An award of temporary attorney s fees must be reasonable. Giovanini v. Giovanini, 89 So. 3d 280 (Fla. 1st DCA 2012); Routh v. Thompson, 82 So. 3d 157 (Fla. 2d DCA 2012). D. Evidence. Courts have broad discretion when ordering temporary attorney s fees, but the award must be supported by competent, substantial evidence. Ard v. Ard, 208 So. 3d 1288 (Fla. 1st DCA 2017). Arguments of counsel without evidence regarding need
6 and ability to pay are insufficient to support an award of temporary attorney s fees. Cherry v. Viker, 197 So. 3d 1292 (Fla. 1st DCA 2016). In contrast to final fee awards, findings supporting a temporary fee award are not required. Piluso v. Piluso, 622 So. 2d 117 (Fla. 4th DCA 1993). However, courts have held factual findings are required regarding reasonableness of the hourly rates and time expended. Chouri v. Chouri, 2 So. 3d 987, 988 (Fla. 2d DCA 2008). III. Differences Between Temporary and Final Attorney s Fee Awards A. Not Vested. Temporary attorney s fees are not vested rights, which may be modified or vacated. Baker v. Baker, 35 So. 3d 76, 77 (Fla. 2d DCA 2010). Payment of temporary attorney s fees may be credited to the payor when the parties income and assets are equalized in the final judgment. Derrevere v. Derrevere, 924 So. 2d 987, 988 (Fla. 4th DCA 2006). B. Findings Are Not Required. See Section II D Above. C. Temporary Attorney s Fees Cannot be Waived by Prenuptial and Ante-Nuptial Agreement. An agreement that limits the award of temporary attorney s fees and costs to a party in need violates public policy. Khan v. Khan, 79 So. 3d 99, 100 (Fla 4th DCA 2012) (citing Belcher v. Belcher, 271 So. 2d 7 (Fla. 1972)). D. Post-Final Judgment Enforcement of Temporary Fee Awards Barred. Unless jurisdiction is reserved by the court or the temporary fee award is incorporated into the final judgment, a temporary attorney s fee award cannot be enforced following the entry of the final judgment. Skinner v. Skinner, 579 So. 2d 358 (Fla. 4th DCA 1991); McFatter v. McFatter, 193 So. 3d 1100 (Fla. 1st DCA 2016).
7 FINAL ATTORNEY S FEES IN FLORIDA Katherine Johnson I. Plead to Preserve A. A claim for attorney s fees, whether based on statute or contact, must be specifically pled in the original action by either petition or motion. B. Failure to plead the basis for entitlement to fees precludes an award. Kunsman v. Wall, 125 So. 3d 868 (Fla. 4th DCA 2013). C. Be aware of the timing. In Longmeier v. Longmeier, 921 So. 2d 808 (Fla. 1st DCA 2006), the award of fees to the former wife were limited to those incurred after the date of her request for fees. The award could not include fees incurred for motions which were heard and ruled on before that date; the former wife had not previously requested fees relating to those motions. Once a party requests fees, the trial court has jurisdiction to award reasonable attorney s fees at the conclusion of the litigation, without the need to enter a separate fee order on each request. See Rorrer v. Orban, 215 So. 3d 148, (Fla. 3d DCA 2017) (rejecting husband s claim that the trial court lost jurisdiction to decide the wife s entitlement to attorney s fees in post-judgment proceedings, where no separate fee order was entered as to each of the post-judgment motions filed or defended by the wife). II. The Basis for the Claim A. Absent a stipulation, an award of attorney s fees in a dissolution proceeding must be determined at an evidentiary hearing. Soterakis v. Soterakis, 913 So. 2d 688 (Fla. 5th DCA 2005). B. Factors Determining Reasonable Fee. Considerations under Fla. R. Prof. Conduct 4-1.5(c) include: i. The time and labor required, the novelty, complexity, and difficulty of the questions involved, and the skill requisite to perform the legal service properly. See Rahman v. Rahman, 643 So. 2d 1200 (Fla. 5th DCA 1994) (fees excessive where issues were routine and only witnesses in case were husband and wife). ii. The likelihood that the acceptance of the particular employment will preclude other employment by the lawyer. iii. The fee, or rate of fee, customarily charged in the locality for legal services of a comparable or similar nature. iv. The significance of, or amount involved in, the subject matter of the representation, the responsibility involved in the representation, and the results obtained.
8 v. The time limitations imposed by the client or by the circumstances and, as between attorney and client, any additional or special time demands or request of the attorney by the client. vi. The nature and length of the professional relationship with the client. vii. The experience, reputation, diligence, and ability of the lawyer or lawyers performing the service and the skill, expertise, or efficiency or effort reflected in the actual providing of such services. viii. Whether the fee is fixed or contingent, and, if fixed as to the amount or rate, then whether the client s ability to pay rested to any significant degree on the outcome of the representation. C. The financial resources of the parties are the primary factor to be considered when considering a fee award. Other relevant factors including the scope and history of the litigation; the duration of the litigation; the merits of the respective positions; whether the litigation is brought or maintained primarily to harass (or whether a defense is raised mainly to frustrate or stall); and the existence and course of prior or pending litigation. Rosen v. Rosen, 696 So. 2d 697 (Fla. 1997). D. If no evidence is introduced to support a claim for fees and costs, an award is improper. Braswell v. Braswell, 4 So. 3d 4 (Fla. 2d DCA 2009). E. Financial affidavits must be filed and served prior to a temporary and final attorney s fees and costs hearing. Fla. Fam. L.R.P F. Financial affidavits, as well as the attorney s fees and costs affidavits, must be entered into evidence at the hearing. It is not sufficient that the financial affidavits are filed in the court file. Lucero v. Lucero, 793 So. 2d 144 (Fla. 2d DCA 2001) (financial affidavits that were not introduced into evidence cannot support fee award). G. It may be an abuse of discretion to award fees where marital property is equitably distributed and the parties incomes equalized through an alimony award. Hutchinson v. Hutchinson, 185 So. 3d 528 (Fla. 1st DCA 2015). H. Argument alone does not allow the trial court to determine whether an award of fees was improper. Cherry v. Viker, 197 So. 3d 1292 (Fla. 1st DCA 2016). I. Corroborating expert witness testimony to support award of fees is not required under section See Moore v. Kelso-Moore, 152 So. 3d 681 (Fla. 4th DCA 2014). J. A party is not entitled to a second evidentiary hearing on issue of fees where she failed to put on any evidence to support the award at the first hearing. Simpson v. Simpson, 780 So. 2d 985 (Fla. 5th DCA 2001). K. An award of fees requires competent and substantial evidence. Brewer v. Solovsky, 945 So. 2d 610 (Fla. 4th DCA 2006).
9 L. Competent evidence includes invoices, records and other information detailing the services provided, as well as the testimony from the attorney in support of the fee. Faircloth v. Bliss, 917 So. 2d 1005 (Fla. 4th DCA 2006). III. Findings in the Judgment or Order Required A. Court s findings of fact must be sufficient to support appellate court review. Powers v. Powers, 193 So. 3d 1047 (Fla. 2d DCA 2016). B. Express findings as to hourly rate, number of hours, and appropriateness of reduction of enhancement factors is required. Campbell v. Campbell, 46 So. 3d 1221 (Fla. 4th DCA 2010). C. Merely reciting that the hourly rate and total time were reasonable is insufficient. Abbott v. Abbott, 187 So. 3d 326 (Fla. 1st DCA 2016).
10 ATTORNEY S FEES IN POST-JUDGMENT AND CONTEMPT PROCEEDINGS I. Post-Judgment Matters A. Statutory Basis Virginia Morgan (1), Fla. Stat., includes enforcement and modification proceedings. In those cases in which an action is brought for enforcement and the court finds the noncompliant party is without justification in the refusal to follow a court order, the court may not award attorney s fees, suit money, and costs to the noncompliant party (2), Fla. Stat. The court has jurisdiction to award costs and expenses as are equitable and reasonable attorney s fees (4)(c)(2), Fla. Stat. When a parent refuses to honor the time-sharing schedule without proper cause, the court...may order reasonable court costs and attorney s fees , Fla. Stat. The court may order a party to pay a reasonable amount for attorney s fees including enforcement and modification proceedings. B. Award of attorney s fee is enforceable by contempt. Fishman v. Fishman, 656 So. 2d 1250 (Fla. 1995). II. Sanctions Under , Fla. Stat. A. Statutory Basis. Section , Fla. Stat., allows for attorney s fees as sanctions for unsupported claims or defenses. B. Novel issue. Advancing a novel issue or defense is not subject to section , Fla. Stat. See B.W.P. v. A.L.H., 155 So. 3d 1229 (Fla. 2d DCA 2015). C. Domestic violence. No attorney s fees are available in domestic violence cases under Chapters 784 and 741. Under section , however, fees may be available in domestic/repeat violence injunctions. See Hall v. Lopez, 213 So. 3d 1003 (Fla. 1st DCA 2016). D. Department of Revenue. Attorney s fees may be available from the Department of Revenue under section See Lopez v. Dep t of Revenue, 201 So. 3d 119 (Fla. 3d DCA 2015).
11 III. Vexatious Litigation A. Relevant circumstances. Relevant circumstances include whether the litigation was brought primarily to harass, or where the defense was raised merely to frustrate or stall. See Rosen v. Rosen, 696 So. 2d 697 (Fla. 1997). B. Express findings of bad conduct are required. See Moakley v. Smallwood, 826 So. 2d 221 (Fla. 2002). C. Extreme cases only. See Dybalski v. Dybalski, 108 So. 3d 736 (Fla. 5th DCA 2013). D. Award limited. The award is limited to the attorney s fees actually incurred as a result of the bad conduct. See Hahamovitch v. Hahamovitch, 133 So. 3d 1062 (Fla. 4th DCA 2014).
12 MOTIONS FOR REHEARING AND APPEAL OF FEE ORDERS I. Motions for Rehearing Rebecca Bowen Creed A. Authority. A new trial or rehearing may be granted to all or any of the parties and on all or a part of the issues. Fla. Fam. L.R.P (a). B. Timing. A motion for new trial or for rehearing must be served not later than 15 days after the return of the verdict in a jury action or the date of filing of the judgment in a non-jury action. Fla. Fam. L.R.P (b). C. When a motion for rehearing may be necessary. Generally, a party is not entitled to complain that a judgment in a marital and family law case fails to contain sufficient findings unless that party raised the omission before the trial court in a motion for rehearing. Simmons v. Simmons, 979 So. 2d 1063, 1064 (Fla. 1st DCA 2008); accord David v. David, 58 So. 3d 336, 338 (Fla. 5th DCA 2011). Absent a motion for rehearing challenging the insufficiency of the trial court s findings, the appellate court will have no choice but to affirm. See, e.g., Burkett v. Burkett, 155 So. 3d 478, 478 (Fla. 1st DCA 2015) (affirming fee award). D. Finality of fee order. An order on attorney s fees is not considered final and appealable unless the order determines both entitlement and amount. See, e.g., Mills v. Martinez, 909 So. 2d 340, 342 (Fla. 5th DCA 2005). E. Effect on notice of appeal. A timely, authorized motion for rehearing of a final order tolls the time for rendition. Fla. R. App. P (i)(1). Consequently, the notice of appeal may be filed thirty (30) days from the trial court s order denying rehearing. See Fla. R. App. P (i)(1); Fla. R. App. P (b). If a notice of appeal is filed while a motion for rehearing is pending, the trial court retains jurisdiction to rule on the motion for rehearing, and the notice of appeal is held in abeyance until disposition of the motion. Fla. R. App. P (i)(3). II. Appeal of Fee Order A. Jurisdiction of the trial court. The trial court retains jurisdiction to hear the issue and award attorney s fees even where one party may have already appealed the underlying dissolution judgment. See Bailey v. Bailey, 392 So. 2d 49, (Fla. 3d DCA 1981). When an order setting the fee amount is entered after the notice of appeal is filed, but prior to a determination of the main appeal, the notice of appeal from the final judgment of dissolution matures and vests the appellate court with jurisdiction to review the entitlement issue. Widom v. Widom, 679 So. 2d 74, 75 (Fla. 4th DCA 1996). B. Appeal of amount of attorney s fees awarded. If the trial court enters a separate order establishing the amount of attorney s fees awarded, a notice of appeal from that order must be filed to challenge the amount of the award. See Widom v. Widom, 679 So. 2d 74, 76 (Fla. 4th DCA 1996).
13 C. Time for appeal. The notice of appeal must be filed with the clerk of the lower tribunal within 30 days of rendition of the order to be reviewed. Fla. R. App. P (b). D. Consolidation of appeals. The appeal of the fee order may be consolidated with the appeal of the final dissolution judgment. E. Standard of review. The trial court s award of attorney s fees in a dissolution of marriage case is reviewed under the abuse of discretion standard. Ziruolo v. Ziruolo, 217 So. 3d 1170, 1172 (Fla. 1st DCA 2017).
14 APPELLATE ATTORNEY S FEES AND COSTS Rebecca Bowen Creed I. Temporary Appellate Attorney s Fees: Rule A. Authority 1. Fla. Stat (1): The trial court shall have continuing jurisdiction to make temporary attorney s fees and costs awards reasonably necessary to prosecute or defend an appeal on the same basis and criteria as though the matter were pending before it at the trial level. 2. Fla. R. App. P (c)(1): In family law matters the lower tribunal shall retain jurisdiction to enter and enforce orders awarding temporary attorneys fees and costs reasonably necessary to prosecute or defend an appeal, or other awards necessary to protect the welfare and rights of any party pending appeal. B. Standard and Requirements 1. Purpose. The purpose of temporary appellate fees is to ensure that each spouse has the ability to secure competent legal counsel. See Rosen v. Rosen, 696 So. 2d 697, 699 (Fla. 1997). Given the equitable considerations underlying dissolution law in Florida, the trial court should mitigate the harm an impecunious spouse would suffer where the other spouse s financial advantage accords him or her an unfair ability to obtain legal assistance. Nichols v. Nichols, 519 So. 2d 620, 621 (Fla. 1988). The trial court may order the amount to be paid directly to the attorney, who may enforce the award (1), Fla. Stat. 2. Jurisdiction. A motion for temporary appellate fees under Rule 9.600(c)(1) must be heard by the trial court, which notwithstanding the pending appeal has continuing jurisdiction to award fees. See Fla. R. App. P (c)(1) & (2). 3. Timing. To preserve the client s right to seek temporary fees under Rule 9.600(c), the motion must be filed with the trial court and decided while the appeal is pending. See Kasm v. Lynnel, 975 So. 2d 560, (Fla. 2d DCA 2008). Once the appeal is no longer pending, neither the statute nor the rule gives any power to the circuit court to award temporary appellate attorneys fees. Id. 4. Need and ability to pay. In determining whether to make attorney s fees and costs awards at the appellate level, the court shall primarily consider the relative financial resources of the parties, unless an appellate party s cause is deemed to be frivolous (1), Fla. Stat. The attorney s fee award should be based on the parties relative need and ability to pay when the necessity of incurring attorney s fees arises. See Mishoe v. Mishoe, 591 So. 2d 1100, 1101 (Fla. 1st DCA 1992); see also Duchesneau v. Duchesneau, 692 So. 2d 205, 207 (Fla. 5th DCA 1997) ( in
15 dissolution cases, an attorney s fee award is based on the current relative financial positions of the parties at the time of dissolution when they depart the marriage, not at some unspecified future date ). 5. Findings. The trial court s order awarding appellate attorney s fees should include specific findings as to the reasonable number of hours expended and the reasonable hourly rate. Coleman v. Bland, 152 So. 3d 752, 754 n.2 (Fla. 5th DCA 2014). C. Appellate Review of Temporary Appellate Attorney s Fee Order. Review of orders entered pursuant to Rule 9.600(c) shall be by motion filed in the [appellate] court within 30 days of rendition. Fla. R. App. P (c)(3). II. Appellate Attorney s Fees: Rule A. Authority 1. Fla. Stat (1): The court may from time to time, after considering the financial resources of both parties, order a party to pay a reasonable amount for attorney s fees, suit money, and the cost to the other party of maintaining or defending any proceeding under this chapter, including... appeals. 2. Fla. R. App. P (b). [A] motion for attorneys fees shall state the grounds on which recovery is sought and shall be served not later than... the time for service of the reply brief. B. Requirements 1. Timing. A motion for appellate attorney s fees in a final or non-final appeal shall be served no later than... the time for service of the reply brief. Fla. R. App. P (b)(1). In original proceedings under Rule 9.100, the time for service of the petitioner s reply to the response to the petition. Fla. R. App. P (b)(2). 2. Interplay with Rule 9.600(c). Because temporary appellate attorney s fees can be awarded only while the appeal is pending, appellate practitioners should consider filing motions under both Rule and Rule at the outset of the appeal. As the Second District noted in Kasm, procedural difficulties can arise when a party seeks temporary attorneys fees for an interlocutory appeal but the circuit court does not have adequate time to address the request during the relatively short duration of that appeal. 975 So. 2d at 561. Under those circumstances, the Kasm court added, appellate practitioners would be wise to not only seek temporary fees with the circuit court under rule 9.600(c)(1), but also to preserve the right to appellate fees incurred through the conclusion of the appeal by filing a motion with the appellate court pursuant to rule 9.400(b). Id. at
16 3. File as a separate motion and include citations to specific legal authority. The motion for appellate attorney s fees must be filed as a separate motion that state[s] the grounds on which recovery is sought. Fla. R. App. P (b); see Garcia v. Collazo, 178 So. 3d 429, 430 (Fla. 3d DCA 2015). Do not simply cite to Rule 9.400(b). Instead, the motion must cite the specific contractual, statutory, or other substantive basis (like section of the Florida Statutes) for the right to fees. See Garcia, 178 So. 3d at Need and ability to pay. Florida law authorizes an award of attorney s fees on appeal after considering the financial resources of both parties (1), Fla. Stat. The financial resources of both parties are the primary factor to be considered. Rosen v. Rosen, 696 So. 2d 697, 700 (Fla. 1997). The award of fees may not depend on which party prevails. See, e.g., Rados v. Rados, 791 So. 2d 1130, 1134 (Fla. 2d DCA 2001). The motion may cite to the appellate record to argue the parties relative need and financial abilities. 5. Response. A party may serve a response to the motion within ten days of service of the fee motion. Fla. R. App. P (a). C. Conditional determination by the appellate court. The appellate court often provisionally grants a motion for final appellate fees, subject to the trial court s determination as to the amount of reasonable fees to be awarded and the parties relative need and ability to pay. See Davis v. Davis, 584 So. 2d 1117, (Fla. 1st DCA 1991); Dresser v. Dresser, 350 So. 2d 1152, 1155 (Fla. 1st DCA 1977); see also Rados v. Rados, 791 So. 2d 1130, (Fla. 2d DCA 2001) (explaining different types of appellate fee orders). D. Authorization from the appellate court is required. Absent an order from the appellate court, the trial court cannot award attorney s fees incurred on appeal. See, e.g., Kasm v. Lynnel, 975 So. 2d 560, (Fla. 2d DCA 2008). E. Enforcement of appellate court order. To enforce the conditional grant of appellate attorney s fees, file a motion to tax appellate attorney s fees (and, if applicable, costs) with the trial court. The assessment of attorney s fees may be decided by the trial court. See Fla. R. App. P (b). F. Timing of motion to tax appellate fees. Generally, in civil proceedings, a motion to tax attorney s fees must be served no later than 30 days after filing of the judgment. Fla. R. Civ. P However, Rule does not apply to family law proceedings. See Amendments to Fla. Fam. L.R.P., 897 So. 2d 467, (Fla. 2005); accord Rorrer v. Orban, 215 So. 3d 148, 154 (Fla. 3d DCA 2017). Additionally, Florida Rule of Appellate Procedure 9.400(b) does not specify the time for filing a motion to tax appellate attorney s fees with the trial court. See Computer Task Grp., Inc. v. Palm Beach Cnty., 809 So. 2d 10, (Fla. 4th DCA 2002); Philip J. Padovano, 2 Fla. Prac., Appellate Practice 22:6 (2016 ed.); cf. Fla. R. App. P (a) (specifying time for taxation of costs on appeal).
17 The motion to tax fees should be filed within a reasonable time after the appeal concludes. Cf. Rorrer, 215 So. 3d at 154 (noting that Rule does not apply to postdecretal orders in dissolution actions; so long as a party seeks fees within a reasonable time after the post-decretal work was performed, such motion will be timely filed ). G. Review of award of final appellate attorney s fees. Review of orders rendered by the lower tribunal under this rule [9.400] shall be by motion filed in the [appellate] court within 30 days of rendition. Fla. R. App. P (c). III. Award of Appellate Costs A. Fla. R. App. P (a): Costs shall be taxed in favor of the prevailing party unless the court orders otherwise. B. Taxable costs. Generally, taxable costs are limited to the costs specified in Rule 9.400(a). Those taxable costs include: (1) fees for filing and service of process; (2) charges for preparation of the record and any hearing or trial transcript necessary to determine the proceeding; (3) bond premiums; and (4) other costs permitted by law. The provision of the Rule allowing other costs permitted by law was enacted to allow for future flexibility, and to provide the legislature with an opportunity to expand the list of taxable costs in appellate proceedings. P. Padavono, Fla. Appellate Practice 22.3 (2013 ed.); Fla. R. App. P (a)(4) committee notes, 1977 Amendment. At present, the list of taxable costs does not include an appellate attorney s travel expenses. See In re Amendments to Uniform Guidelines for Taxation of Costs, 915 So. 2d 612, 615 (Fla. 2005). C. Filing. A motion to tax appellate costs (unlike a motion for final appellate attorney s fees) should be filed with the trial court. See Fla. R. App. P (a); see also Garcia, 178 So. 3d at 430 (striking motion for appellate costs that was first filed in the appellate court, without prejudice to the filing of a timely motion with the trial court). Under section and Rule 9.600(c)(1), the trial court has continuing jurisdiction to grant temporary costs pending appeal. See 61.16(1), Fla. Stat.; see also Fla. R. App. P (c)(1) (authorizing trial court s jurisdiction to enter and enforce orders for temporary attorneys fees and costs reasonably necessary to prosecute or defend an appeal ). D. Timing. A motion to tax costs on appeal should be served no later than 45 days after rendition of the [appellate] court s order. Fla. R. App. P (a). In other words, unless a timely motion for rehearing (or other timely post-opinion motion) has been filed, you should file the motion to tax costs with the trial court within 45 days of the appellate court s opinion. However, if the appellate court has issued an order staying
18 the issuance of its mandate (or recalling its mandate), the trial court cannot take any action on costs at least not until the mandate issues or upon further order from the appellate court. Fla. R. App. P (a). Mandate typically issues within fifteen (15) days after the order or decision. If a timely motion for rehearing, clarification, certification, or issuance of a written opinion is filed, the time for issuance of the mandate is extended until fifteen (15) days after rendition of the order denying the motion (or, if granted, until fifteen (15) days after determination). Fla. R. App. P (a) & (b).
Third District Court of Appeal State of Florida, July Term, A.D. 2013
Third District Court of Appeal State of Florida, July Term, A.D. 2013 Opinion filed July 31, 2013. Not final until disposition of timely filed motion for rehearing. No. 3D12-1471 Lower Tribunal No. 03-28346
More informationThird District Court of Appeal State of Florida
Third District Court of Appeal State of Florida Opinion filed May 20, 2015. Not final until disposition of timely filed motion for rehearing. No. 3D14-1019 Lower Tribunal Nos. 09-2093K, 10-1425K Patricia
More informationPROPOSED RULES OF APPELLATE PROCEDURE AMENDMENT APPEAL PROCEEDINGS IN CRIMINAL CASES
PROPOSED RULES OF APPELLATE PROCEDURE AMENDMENT RULE 9.140. APPEAL PROCEEDINGS IN CRIMINAL CASES (a) Applicability. Appeal proceedings in criminal cases shall be as in civil cases except as modified by
More informationCLIENT-LAWYER RELATIONSHIP: FEES MRPC 1.5
CLIENT-LAWYER RELATIONSHIP: FEES MRPC 1.5 1 RULE 1.5: GENERAL RULE (a) A lawyer shall not make an agreement for, charge, or collect an unreasonable fee or an unreasonable amount for expenses. The factors
More informationDistrict of Columbia Court of Appeals Board on Professional Responsibility. Board Rules
District of Columbia Court of Appeals Board on Professional Responsibility Board Rules Adopted June 23, 1983 Effective July 1, 1983 This edition represents a complete revision of the Board Rules. All previous
More informationRPC RULE 1.5 FEES. (3) the fee customarily charged in the locality for similar legal services;
RPC RULE 1.5 FEES (a) A lawyer shall not make an agreement for, charge, or collect an unreasonable fee or an unreasonable amount for expenses. The factors to be considered in determining the reasonableness
More informationCRIMINAL COURT STEERING COMMITTEE HONORABLE JAY P. COHEN, CHAIR SC
Filing # 35626342 E-Filed 12/16/2015 03:44:38 PM AMENDED APPENDIX A RECEIVED, 12/16/2015 03:48:30 PM, Clerk, Supreme Court CRIMINAL COURT STEERING COMMITTEE HONORABLE JAY P. COHEN, CHAIR SC15-2296 RULE
More information[SUBSECTIONS (a) AND (b) ARE UNCHANGED]
(Filed - April 3, 2008 - Effective August 1, 2008) Rule XI. Disciplinary Proceedings. Section 1. Jurisdiction. [UNCHANGED] Section 2. Grounds for discipline. [SUBSECTIONS (a) AND (b) ARE UNCHANGED] (c)
More informationADR CODE OF PROCEDURE
Last Revised 12/1/2006 ADR CODE OF PROCEDURE Rules & Procedures for Arbitration RULE 1: SCOPE OF RULES A. The arbitration Rules and Procedures ( Rules ) govern binding arbitration of disputes or claims
More informationTHE EIGHTH JUDICIAL CIRCUIT OF FLORIDA ADMINISTRATIVE ORDER NO PRETRIAL ORDERS
THE EIGHTH JUDICIAL CIRCUIT OF FLORIDA ADMINISTRATIVE ORDER NO. 5.10 PRETRIAL ORDERS WHEREAS, Florida Family Law Rule of Procedure 12.200(c) requires that orders setting pretrial conferences shall be uniform
More informationIN THE CIRCUIT COURT IN AND FOR ESCAMBIA COUNTY, FLORIDA FAMILY LAW DIVISION ADMINISTRATIVE DIRECTIVE ECFLAD
IN THE CIRCUIT COURT IN AND FOR ESCAMBIA COUNTY, FLORIDA FAMILY LAW DIVISION ADMINISTRATIVE DIRECTIVE ECFLAD 2007-01 IN RE: POLICIES AND PROCEDURES OF THE FAMILY LAW DIVISION OF THE CIRCUIT COURT, ESCAMBIA
More informationFLORIDA FAMILY LAW RULES OF PROCEDURE TABLE OF CONTENTS FAMILY LAW FORMS, COMMENTARY, AND INSTRUCTIONS... 5 CITATIONS TO OPINIONS ADOPTING OR
FLORIDA FAMILY LAW RULES OF PROCEDURE TABLE OF CONTENTS FAMILY LAW FORMS, COMMENTARY, AND INSTRUCTIONS... 5 CITATIONS TO OPINIONS ADOPTING OR AMENDING RULES... 11 RULE 12.000. PREFACE... 14 RULE 12.003.
More informationNOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED OF FLORIDA
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT THOMAS F. HUEBNER, Petitioner, v. Case No. 2D12-516 KIMBERLY P.
More informationCASE NO. 1D Earl M. Johnson, Jr., and Aida M. Ramirez, Jacksonville, for Appellant.
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA SEAN HALL, v. Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D15-0531 NICOLE
More informationRULES OF CIVIL APPELLATE PROCEDURE. Tribal Council Resolution
RULES OF CIVIL APPELLATE PROCEDURE Tribal Council Resolution 16--2008 Section I. Title and Codification This Ordinance shall be known as the Saint Regis Mohawk Tribal Rules of Civil Appellate Procedure.
More informationThird District Court of Appeal State of Florida
Third District Court of Appeal State of Florida Opinion filed December 28, 2016. Not final until disposition of timely filed motion for rehearing. No. 3D15-1042 Lower Tribunal No. 14-20975 Xernona Pinnock,
More informationThird District Court of Appeal State of Florida, January Term, A.D., 2012
Third District Court of Appeal State of Florida, January Term, A.D., 2012 Opinion filed June 6, 2012. Not final until disposition of timely filed motion for rehearing. No. 3D10-3009 Lower Tribunal No.
More informationUNIFORM JUDICIAL QUESTIONNAIRE
C O N F I D E N T I A L 1. Full Name: Have you ever been known by any other name (other than a recognizable nickname)? Yes No If yes, specify the name(s) and year(s) of name change and/or the years during
More informationDomestic Violence Injunction Case Management Guidelines
Florida State Courts System Office of the State Courts Administrator Office of Court Improvement Domestic Violence Injunction Case Management Guidelines June, 2006 This project was sponsored by Grant No.
More informationSupreme Court of Florida
Supreme Court of Florida No. SC99-93 PARIENTE, J. BEN WILSON BANE, Petitioner, vs. CONSUELLA KATHLEEN BANE, Respondent. [November 22, 2000] We have for review the decision in Bane v. Bane, 750 So. 2d 77
More informationLOUISIANA ATTORNEY DISCIPLINARY BOARD IN RE: HILLIARD CHARLES FAZANDE III DOCKET NO. 18-DB-055 REPORT OF HEARING COMMITTEE # 37 INTRODUCTION
LOUISIANA ATTORNEY DISCIPLINARY BOARD IN RE: HILLIARD CHARLES FAZANDE III DOCKET NO. 18-DB-055 REPORT OF HEARING COMMITTEE # 37 INTRODUCTION This attorney disciplinary matter arises out of formal charges
More informationAnnouncing The Revised Florida Arbitration Code
DECEMBER 17, 2013 Announcing The Revised Florida Arbitration Code By: Alex J. Sabo Effective July 1, 2013, Chapter 682 of the Florida Statutes now is known as the Revised Florida Arbitration Code. 682.01,
More informationUNIFORM INTERSTATE FAMILY SUPPORT ACT Act 310 of The People of the State of Michigan enact:
UNIFORM INTERSTATE FAMILY SUPPORT ACT Act 310 of 1996 AN ACT to make uniform the laws relating to interstate family support enforcement; and to repeal acts and parts of acts. The People of the State of
More informationConstitutional review by district court of administrative decisions and orders. A. Scope of rule. This rule governs writs of certiorari to
1-075. Constitutional review by district court of administrative decisions and orders. A. Scope of rule. This rule governs writs of certiorari to administrative officers and agencies pursuant to the New
More informationNOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT In re Guardianship of Josefa Kesish. JOAN NELSON HOOK, Appellant,
More informationAdministrative Appeal Procedures. Effective July 1, 2015
Administrative Appeal Procedures Effective July 1, 2015 PERSONNEL BOARD OF JEFFERSON COUNTY, ALABAMA ADMINISTRATIVE APPEAL PROCEDURES Adopted May 12, 2015 Revised April 10, 2018 Table of Contents A. INTRODUCTION...
More informationAdministrative Rules for the Office of Professional Regulation Effective date: February 1, Table of Contents
Administrative Rules for the Office of Professional Regulation Effective date: February 1, 2003 Table of Contents PART I Administrative Rules for Procedures for Preliminary Sunrise Review Assessments Part
More informationCASE NO. 1D Christopher Parker-Cyrus of Law Office of Christopher Parker-Cyrus, Gainesville, for Petitioner.
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA CHRISTOPHER PARKER- CYRUS, v. Petitioner, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE
More informationA The following shall be assigned to the appellate division:
IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER, MARTIN, OKEECHOBEE, AND ST. LUCIE COUNTIES, STATE OF FLORIDA ADMINISTRATIVE ORDER 2015-13 RE: Appellate Division of the
More informationFamily Law Rules of Procedure. Table of Contents
Family Law Rules of Procedure Table of Contents CITATIONS TO OPINIONS ADOPTING OR AMENDING RULES...11 RULE 12.000. PREFACE...14 SECTION I FAMILY LAW RULES OF PROCEDURE...15 RULE 12.003. COORDINATION OF
More informationSOUTHWEST INTERTRIBAL COURT OF APPEALS RULES OF APPELLATE PROCEDURE
SOUTHWEST INTERTRIBAL COURT OF APPEALS RULES OF APPELLATE PROCEDURE Accepted and approved, as amended, by the Standing Administrative Committee on June 22, 2001 SOUTHWEST INTERTRIBAL COURT OF APPEALS RULES
More informationStreamlined Arbitration Rules and Procedures
RESOLUTIONS, LLC s GUIDE TO DISPUTE RESOLUTION Streamlined Arbitration Rules and Procedures 1. Scope of Rules The RESOLUTIONS, LLC Streamlined Arbitration Rules and Procedures ("Rules") govern binding
More informationSupreme Court of Florida
Supreme Court of Florida No. SC04-1751 PER CURIAM. IN RE: AMENDMENTS TO THE FLORIDA FAMILY LAW RULES OF PROCEDURE. [June 2, 2005] The Florida Bar s Family Law Rules Committee has filed a petition proposing
More informationIN THE SUPREME COURT OF FLORIDA. THE FLORIDA BAR, Case No. SC Complainant, TFB Nos ,725(13F) ,532(13F) v.
IN THE SUPREME COURT OF FLORIDA THE FLORIDA BAR, Case No. SC06-1687 Complainant, TFB Nos. 2004-11,725(13F) 2005-10,532(13F) v. 2005-10,754(13F) EDGAR CALVIN WATKINS, JR. Respondent / ANSWER BRIEF OF THE
More informationDISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT STATE OF FLORIDA, Petitioner, v. TASHANE M. CHANTILOUPE, Respondent. No. 4D18-162 [June 6, 2018] Petition for writ of prohibition or certiorari
More informationAnthony C. Bisordi or Bisordi & Bisordi, P.A., Shalimar, for Appellant. Yelena Langdon, Former Wife, appeals from the trial court s order
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA YELENA N. LANGDON, Appellant, v. JON LANGDON, Appellee. / NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF
More informationIN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM v. Case No. 5D
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2006 JEAN H. BOUDOT, Appellant, v. Case No. 5D05-1669 JAMES R. BOUDOT, Appellee. / Opinion filed March 31, 2006 Appeal
More informationCASE NO. 1D Linda A. Bailey, of Law Office of Linda A. Bailey, P.A., Tallahassee, for Appellee.
JUAN R. ACHURRA, Appellant, v. ESPERANZA ACHURRA, IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED
More informationCHAPTER 12. EMERITUS ATTORNEYS PRO BONO PARTICIPATION PROGRAM GENERALLY RULE PURPOSE RULE DEFINITIONS
CHAPTER 12. EMERITUS ATTORNEYS PRO BONO PARTICIPATION PROGRAM 12-1. GENERALLY RULE 12-1.1 PURPOSE Individuals admitted to the practice of law in Florida have a responsibility to provide competent legal
More informationSEMINOLE TRIBE OF FLORIDA
SEMINOLE TRIBE OF FLORIDA Tribal Court Small Claims Rules of Procedure Table of Contents RULE 7.010. TITLE AND SCOPE... 3 RULE 7.020. APPLICABILITY OF RULES OF CIVIL PROCEDURE... 3 RULE 7.040. CLERICAL
More informationAdopted November 10, 2000, by Chief District Court Judge John W. Smith. See Separate Section on Rules governing Criminal and Juvenile Courts Rule
LOCAL RULES FOR THE DISTRICT COURTS OF THE FIFTH JUDICIAL DISTRICT FAMILY COURT, DOMESTIC, CIVIL AND GENERAL RULES NEW HANOVER AND PENDER COUNTIES, NORTH CAROLINA Adopted November 10, 2000, by Chief District
More informationSTREAMLINED JAMS STREAMLINED ARBITRATION RULES & PROCEDURES
JAMS STREAMLINED ARBITRATION RULES & PROCEDURES Effective JULY 15, 2009 STREAMLINED JAMS STREAMLINED ARBITRATION RULES & PROCEDURES JAMS provides arbitration and mediation services from Resolution Centers
More informationHOW TO FILE A COMPLAINT UNDER THE FRS INVESTMENT PLAN
HOW TO FILE A COMPLAINT UNDER THE FRS INVESTMENT PLAN If you, as a member of the FRS Investment Plan or FRS Pension Plan, are dissatisfied with the services of an Investment Plan or MyFRS Financial Guidance
More informationPART FAMILY LAW
11.01 Scope 11.02 Affidavit of Parties and Production of Documents 11.03 Interrogatories 11.04 Attorney for the Child 11.05 Conciliation, Mediation, Advice to Court, Investigations and Reports 11.06 Case
More informationUNDERSTANDING THE APPELLATE PROCESS IN THE FOURTH DISTRICT COURT OF APPEAL
UNDERSTANDING THE APPELLATE PROCESS IN THE FOURTH DISTRICT COURT OF APPEAL (Submitted by appellate lawyer members of the Palm Beach County Appellate Practice Committee) THE INFORMATION CONTAINED BELOW
More informationDISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2014
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2014 SHEILA DIWAKAR, Appellant, v. MONTECITO PALM BEACH CONDOMINIUM ASSOCIATION, INC., Unknown Tenant #1, Unknown Tenant #2,
More informationIN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT. v. Case No. 5D
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT RICHARD W. TAYLOR, P.A., NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellant, v.
More informationOJCC No: GDAL DIA: 06/26/2017 JUDGE: Daniel A. Lewis FINAL ORDER ON ATTORNEY'S FEES AND COSTS (FEE AMOUNT HEARING)
STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS OFFICE OF JUDGES OF COMPENSATION CLAIMS FORT LAUDERDALE DISTRICT OFFICE EMPLOYEE: Alice Johnson 216 Lake Pointe Drive, Apt #119 Oakland Park, FL 33309
More informationIN THE SUPREME COURT, STATE OF WYOMING
IN THE SUPREME COURT, STATE OF WYOMING October Term, A.D. 2016 In the Matter of Amendments to ) the Rules Governing the Commission on ) Judicial Conduct and Ethics ) ORDER AMENDING THE RULES GOVERNING
More informationChapter II BAY MILLS COURT OF APPEALS
Chapter II BAY MILLS COURT OF APPEALS 201. CREATION OF THE BAY MILLS COURT OF APPEALS. There shall be a Bay Mills Court of Appeals consisting of the three appeals judges. Any number of judges may be appointed
More informationUtah Court Rules on Trial Motions Francis J. Carney
Revised July 10, 2015 NOTE 18 December 2015: The trial and post-trial motions have been amended, effective 1 May 2016. See my blog post for 18 December 2015. This paper will be revised to reflect those
More informationSUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES CHAPTER FIVE FAMILY DIVISION RULES...124
CHAPTER FIVE FAMILY DIVISION RULES...124 5.1 APPLICABILITY OF RULES; SANCTIONS...124 (a) Applicability of Rules...124 (b) Sanctions...124 5.2 MATTERS ASSIGNED TO FAMILY LAW DIVISION; COVER SHEET...124
More informationSupreme Court of Florida
Supreme Court of Florida No. SC04-2487 IN RE: AMENDMENTS TO FLORIDA RULE OF APPELLATE PROCEDURE 9.140(c)(1). [April 7, 2005] PER CURIAM. The Florida Bar's Appellate Court Rules Committee (Committee) has
More informationIN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE February 11, 2005 Session
IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE February 11, 2005 Session LOUIS HUDSON ROBERTS v. MARY ELIZABETH TODD ROBERTS Appeal from the Circuit Court for Davidson County No. 01D-1275 Muriel Robinson,
More informationLOCAL RULES SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE DIVISION 7 FAMILY LAW
DIVISION 7 FAMILY LAW Rule Effective 700. Subject Matter of the Family Law Court 07/01/2014 700.5 Attorneys and Self Represented Parties 07/01/2011 700.6 Family Law Filings 01/01/2012 701. Assignment of
More informationCOURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT. In re the Marriage of Tanya Moman and Calvin Moman
C073185 COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT In re the Marriage of Tanya Moman and Calvin Moman TANYA MOMAN, Respondent, v. CALVIN MOMAN, Appellant. Appeal from the Superior
More informationCASE NO. 1D Courtney McCord, the parent of the minor Ben McCord, challenges the
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA COURTNEY MCCORD (Parent) and BEN MCCORD (Minor), v. Appellants, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION
More informationFamily Division 4 Information and Requirements. Regular office hours are from 8:30 am to 5:00 pm EST. Closed from 12:00 until 1:00 p.m.
Diana L. Moreland Circuit Judge Gail Elliott Judicial Assistant Family Division 4 Information and Requirements Contact Information Office Hours: Courtroom: Regular office hours are from 8:30 am to 5:00
More informationRules for Qualified & Court-Appointed Parenting Coordinators
Part I. STANDARDS Rules 15.000 15.200 Part II. DISCIPLINE Rule 15.210. Procedure [No Change] Any complaint alleging violations of the Florida Rules For Qualified And Court-Appointed Parenting Coordinators,
More informationNEW JERSEY APPELLATE PRACTICE HANDBOOK
NEW JERSEY APPELLATE PRACTICE HANDBOOK TENTH EDITION NEW JERSEY APPELLATE PRACTICE STUDY COMMITTEE OF THE NEW JERSEY STATE BAR ASSOCIATION NEW JERSEY INSTITUTE FOR CONTINUING LEGAL EDUCATION ONE CONSTITUTION
More informationGREGORY v. RICE, 727 So.2d 251 (Fla. 1999) ANTHONY GREGORY, Petitioner, v. EVERETT RICE, Sheriff of Pinellas County, Florida, Respondent. No.
GREGORY v. RICE, 727 So.2d 251 (Fla. 1999) ANTHONY GREGORY, Petitioner, v. EVERETT RICE, Sheriff of Pinellas County, Florida, Respondent. No. 92,471 Supreme Court of Florida. February 11, 1999 Appealed
More informationIN THE SUPREME COURT OF FLORIDA DISCRETIONARY REVIEW OF DECISION OF THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT
IN THE SUPREME COURT OF FLORIDA RONALD COTE Petitioner vs. Case No.SC00-1327 STATE OF FLORIDA, Respondent / DISCRETIONARY REVIEW OF DECISION OF THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT BRIEF
More informationTRADEMARK POST-DELEGATION DISPUTE RESOLUTION PROCEDURE (TRADEMARK PDDRP) 4 JUNE 2012
TRADEMARK POST-DELEGATION DISPUTE RESOLUTION PROCEDURE (TRADEMARK PDDRP) 4 JUNE 2012 1. Parties to the Dispute The parties to the dispute will be the trademark holder and the gtld registry operator. ICANN
More informationCOURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH
COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 2-08-349-CV IN THE INTEREST OF M.I.L., A CHILD ------------ FROM THE 325TH DISTRICT COURT OF TARRANT COUNTY ------------ MEMORANDUM OPINION 1 ------------
More informationFLORIDA SMALL CLAIMS RULES TABLE OF CONTENTS
FLORIDA SMALL CLAIMS RULES TABLE OF CONTENTS FLORIDA SMALL CLAIMS RULES TABLE OF CONTENTS... 1 CITATIONS TO OPINIONS ADOPTING OR AMENDING RULES... 3 RULE 7.010. TITLE AND SCOPE... 4 RULE 7.020. APPLICABILITY
More informationcourt of appeal rules
court of appeal rules TABLE OF CONTENTS Court of Appeal 1 Title PART I Title and Interpretation 2 Interpretation Part II Purpose and Application of the Rules 3 Purpose of rules 4 Application of the rules
More informationSupreme Court of Florida
Supreme Court of Florida 89,005 AMENDMENT TO FLORIDA RULE OF APPELLATE PROCEDURE 9.020(a) AND ADOPTION OF FLORIDA RULE OF APPELLATE PROCEDURE 9.190. [September 27, 1996] PER CURIAM. The Appellate Rules
More informationIN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR. Case No. XX DR YYY N ORDER GRANTING FORMER HUSBAND S MOTION TO DISMISS
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA CIVIL ACTION D G, vs. S G, Former husband, Former wife, Case No. XX DR YYY N ORDER GRANTING FORMER HUSBAND S MOTION
More informationEleventh Judicial District Local Rules
Eleventh Judicial District Local Rules Table of Contents Standardized Practice for District Court Criminal Sessions... 11.3 Order for Non-Appearing Defendants/ Respondents and Non-Complying Defendant/
More informationSupreme Court of Florida
Supreme Court of Florida No. SC11-2286 THE FLORIDA BAR, Complainant, vs. LOUIS RANDOLF TOWNSEND, JR., Respondent. [April 24, 2014] PER CURIAM. We have for review a referee s report recommending that Respondent
More informationALABAMA COURT OF CIVIL APPEALS
Rel: 06/09/2017 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate
More information(e) Appearance of Attorney. An attorney may appear in a proceeding in any of the following ways:
RULE 2.505. ATTORNEYS (a) Scope and Purpose. All persons in good standing as members of The Florida Bar shall be permitted to practice in Florida. Attorneys of other states who are not members of The Florida
More informationThe court annexed arbitration program.
NEVADA ARBITRATION RULES (Rules Governing Alternative Dispute Resolution, Part B) (effective July 1, 1992; as amended effective January 1, 2008) Rule 1. The court annexed arbitration program. The Court
More informationIN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR PALM BEACH COUNTY, FLORIDA. v. CASE NO DR001269XXXNB
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR PALM BEACH COUNTY, FLORIDA IN RE: THE MARRIAGE OF JEFFREY P. LAWSON, Petitioner/ Husband, v. CASE NO. 502005DR001269XXXNB KATHY
More informationDISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT YULIA V. FOREST, Appellant, v. L. LISA BATTS and STUART LAW GROUP, P.A., f/k/a L. LISA BATTS, P.A., Appellees. No. 4D16-4066 [October 25,
More informationAlaska UCCJEA Alaska Stat et seq.
Alaska UCCJEA Alaska Stat. 25.30.300 et seq. Sec. 25.30.300. Initial child custody jurisdiction (a) Except as otherwise provided in AS 25.30.330, a court of this state has jurisdiction to make an initial
More informationOF FLORIDA THIRD DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2003 CITY OF NORTH MIAMI BEACH, ** etc., ** Appellant,
More informationOHIO. Section General Assembly: 122. Bill Number: Amended Sub. House Bill 352 Effective Date: 01/01/98 (A) As used in this section:
Section 3113.31 General Assembly: 122. Bill Number: Amended Sub. House Bill 352 Effective Date: 01/01/98 (A) As used in this section: OHIO (1) "Domestic violence" means the occurrence of one or more of
More informationHOW TO COLLECT YOUR FEE WITHOUT GETTING DISBARRED. Written and Presented by:
HOW TO COLLECT YOUR FEE WITHOUT GETTING DISBARRED Written and Presented by: JESSICA Z. BARGER Wright & Close, LLP One Riverway, Suite 2200 Houston, Texas 77056 713.572.4321 Co-written by: MARIE JAMISON
More informationFlorida Family Law Rules of Procedure RULE MANDATORY DISCLOSURE. (a) Application.
Florida Family Law Rules of Procedure RULE 12.285. MANDATORY DISCLOSURE (a) Application. (1) Scope. This rule shall apply to all proceedings within the scope of these rules except proceedings involving
More informationSENTENCING HEARING TO CONSIDER THE IMPOSITION OF A LIFE SENTENCE FOR JUVENILE OFFENDERS
Filing # 39501698 E-Filed 03/28/2016 10:39:45 AM RULE 3.781. SENTENCING HEARING TO CONSIDER THE IMPOSITION OF A LIFE SENTENCE FOR JUVENILE OFFENDERS (a) Application. The courts shall use the following
More informationThe following terms have the meanings shown as used in these rules:
RULE 9.020. DEFINITIONS The following terms have the meanings shown as used in these rules: (a) Administrative Action. Administrative action shall include: (1) final agency action as defined in the Administrative
More informationIN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM v. Case No. 5D
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2003 MICHAEL TERRANCE DYKE, Appellant, v. Case No. 5D01-2183 ANN DOREEN DYKE, ET AL., Appellee. / Opinion filed February
More informationDwayne Roberts appeals an order denying petitions for writ of mandamus in
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA DWAYNE E. ROBERTS, v. Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D14-4104
More informationCHAPTER 27. FEES AND COSTS IN APPELLATE COURTS AND ON APPEAL FEES COSTS
FEES AND COSTS 210 Rule 2701 CHAPTER 27. FEES AND COSTS IN APPELLATE COURTS AND ON APPEAL Rule 2701. Payment of Fees Required. 2702. Multiple Parties. 2703. Erroneously Filed Cases. FEES COSTS 2741. Parties
More informationRule Change #2000(20)
Rule Change #2000(20) The Colorado Rules of Civil Procedure Chapter 20. Colorado Rules of Procedure Regarding Attorney Discipline and Disability Proceedings, Colorado Attorneys Fund for Client Protection,
More informationBYLAWS OF THE WYOMING STATE BAR
BYLAWS OF THE WYOMING STATE BAR TABLE OF CONTENTS Article I. Membership Section 1. Persons included in membership. 2. Member contact information. 3. [Effective until August 1, 2018.] Status of membership.
More informationIN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT LAW DIVISION JUDGE RAYMOND W. MITCHELL STANDING ORDER.
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT LAW DIVISION JUDGE RAYMOND W. MITCHELL STANDING ORDER March 29, 2012 This Standing Order supercedes all prior Standing Orders regarding pending
More informationFiling an Answer to the Complaint or Moving to Dismiss under Rule 12
ADVISORY LITIGATION PRIVATE EQUITY CONVERGENT Filing an Answer to the Complaint or Moving to Dismiss under Rule 12 Michael Stegawski michael@cla-law.com 800.750.9861 x101 This memorandum is provided for
More informationStanding Practice Order Pursuant to 20.1 of Act Establishing Rules Governing Practice and Procedure in Medical Assistance Provider Appeals
Standing Practice Order Pursuant to 20.1 of Act 2002-142 Establishing Rules Governing Practice and Procedure in Medical Assistance Provider Appeals TABLE OF CONTENTS PART I--PRELIMINARY PROVISIONS Subpart
More informationThird District Court of Appeal State of Florida
Third District Court of Appeal State of Florida Opinion filed July 22, 2015. Not final until disposition of timely filed motion for rehearing. No. 3D14-1592 Lower Tribunal No. 14-1007 Aspen Air Conditioning,
More informationCOLLABORATIVE LAW RETAINER AGREEMENT
COLLABORATIVE LAW RETAINER AGREEMENT THIS IS A LEGALLY BINDING CONTRACT PLEASE READ CAREFULLY SHOULD YOU SO DESIRE, PLEASE HAVE THIS AGREEMENT REVIEWED BY INDEPENDENT COUNSEL BEFORE SIGNING INTRODUCTION
More informationThird District Court of Appeal State of Florida
Third District Court of Appeal State of Florida Opinion filed August 22, 2018. Not final until disposition of timely filed motion for rehearing. No. 3D17-1286 Lower Tribunal No. 16-8613 Juan Pablo Salgado,
More informationIN THE COURT OF APPEALS OF TENNESSEE AT JACKSON On-Briefs October 15, 2003
IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON On-Briefs October 15, 2003 CLEMMYE MULLENIX BERGER v. BRENDA O'BRIEN, ET AL. A Direct Appeal from the Chancery Court for Shelby County No. 103618-3 The Honorable
More informationUNIFIED FAMILY COURT POLICIES & PROCEDURES HONORABLE SCOTT CUPP ( 5, 2018 NOTICE OF RELATED CASES IN UNIFIED FAMILY COURT
UNIFIED FAMILY COURT POLICIES & PROCEDURES HONORABLE SCOTT CUPP (effective December 5, 2018) NOTICE OF RELATED CASES IN UNIFIED FAMILY COURT: Petitioners in any family case are required to file a Notice
More informationIn re the Marriage of: DIANE MERRILL, Petitioner/Appellee, ROBERT KEITH MERRILL, Respondent/Appellant. No. 1 CA-CV
NOTICE: NOT FOR PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED. IN THE ARIZONA COURT OF APPEALS DIVISION
More informationSupreme Court of Florida
Supreme Court of Florida PER CURIAM. No. SC14-2049 THE FLORIDA BAR, Complainant, vs. CYRUS A. BISCHOFF, Respondent. [March 2, 2017] We have for review a referee s report recommending that Respondent, Cyrus
More informationSUPREME COURT OF FLORIDA
Thompson v. The Florida Bar Doc. 175 Att. 1 SUPREME COURT OF FLORIDA THE FLORIDA BAR, ) Petitioner, ) Case No.: SC07-1197 ) [TFB File No.: 2007-90, 387 (OSC)] vs. ) ) MILES JAY GOPMAN, ) Respondent. )
More informationNO
NO. 67-270669-14 JAMES MCGIBNEY and VIA VIEW, INC., Plaintiffs, v. THOMAS RETZLAFF, LORA LUSHER, JENNIFER D' ALLESANDRO, NEAL RAUHAUSER, MISSANNONEWS, JANE DOE 1, JANE DOE 2, JANE DOE 3, JANE DOE 4, and
More informationAPPENDIX RULE MEMBERSHIP CLASSIFICATIONS
APPENDIX RULE 1-3.2 MEMBERSHIP CLASSIFICATIONS (a) Members in Good Standing. Members of The Florida Bar in good standing shall mean only those persons licensed to practice law in Florida who have paid
More information