Aim Target Programs, Inc. v. Family Quest, Inc.

District Court of Appeal of Florida

Aim Target Programs, Inc. v. Family Quest, Inc.

752 So. 2d 1270, 2000 Fla. App. LEXIS 2759, 2000 WL 276353

CourtDistrict Court of Appeal of Florida

DecidedMarch 15, 2000

DocketNo. 2D99-1494

StatusPublished

This text of 752 So. 2d 1270 (Aim Target Programs, Inc. v. Family Quest, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Aim Target Programs, Inc. v. Family Quest, Inc., 752 So. 2d 1270, 2000 Fla. App. LEXIS 2759, 2000 WL 276353 (Fla. Ct. App. 2000).

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Opinion

PATTERSON, Chief Judge.

Appellant Aim Target Programs, Inc., challenges an order allowing amendment of appellee Ronald Murray’s answer to seek attorney’s fees under section 542.385, Florida Statutes (Supp.1996), and the resulting order awarding attorney’s fees to Murray. At the time the trial court heard and granted Murray’s motion to amend his answer, the trial court had already entered final summary judgment [1271]*1271in Murray’s favor¹ and an order of dismissal on the remaining parties’ joint stipulation of dismissal. Thus, the lawsuit had terminated, and the trial court had no jurisdiction to entertain a motion to amend the answer. See Miller v. Fortune Ins. Co., 484 So.2d 1221, 1223 (Fla.1986) (holding that trial court has no jurisdiction after litigation is concluded, except in “very limited circumstances” on a motion for relief from judgment under Florida Rule of Civil Procedure 1.540). Therefore, we reverse the order allowing Murray to amend his answer to assert a claim for attorney’s fees under section 542.335. As a result, Murray failed to plead entitlement to attorney’s fees under section 542.335, thereby waiving the claim. See Stockman v. Downs, 573 So.2d 835 (Fla.1991); Landry v. Countrywide Home Loans, Inc., 731 So.2d 137 (Fla. 1st DCA 1999). Accordingly, we vacate the attorney’s fees order.

THREADGILL and DAVIS, JJ., Concur.

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PATTERSON, Chief Judge.

Appellant Aim Target Programs, Inc., challenges an order allowing amendment of appellee Ronald Murray’s answer to seek attorney’s fees under section 542.385, Florida Statutes (Supp.1996), and the resulting order awarding attorney’s fees to Murray. At the time the trial court heard and granted Murray’s motion to amend his answer, the trial court had already entered final summary judgment [1271]*1271in Murray’s favor¹ and an order of dismissal on the remaining parties’ joint stipulation of dismissal. Thus, the lawsuit had terminated, and the trial court had no jurisdiction to entertain a motion to amend the answer. See Miller v. Fortune Ins. Co., 484 So.2d 1221, 1223 (Fla.1986) (holding that trial court has no jurisdiction after litigation is concluded, except in “very limited circumstances” on a motion for relief from judgment under Florida Rule of Civil Procedure 1.540). Therefore, we reverse the order allowing Murray to amend his answer to assert a claim for attorney’s fees under section 542.335. As a result, Murray failed to plead entitlement to attorney’s fees under section 542.335, thereby waiving the claim. See Stockman v. Downs, 573 So.2d 835 (Fla.1991); Landry v. Countrywide Home Loans, Inc., 731 So.2d 137 (Fla. 1st DCA 1999). Accordingly, we vacate the attorney’s fees order.

THREADGILL and DAVIS, JJ., Concur.

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752 So. 2d 1270, 2000 Fla. App. LEXIS 2759, 2000 WL 276353, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aim-target-programs-inc-v-family-quest-inc-fladistctapp-2000.

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