Bank of New York Ex Rel. CWMBS, Inc. v. Von Houtman

District Court of Appeal of Florida

Bank of New York Ex Rel. CWMBS, Inc. v. Von Houtman

190 So. 3d 130, 2015 Fla. App. LEXIS 17906, 2015 WL 7571489

CourtDistrict Court of Appeal of Florida

DecidedNovember 25, 2015

Docket4D15-2771

StatusPublished

This text of 190 So. 3d 130 (Bank of New York Ex Rel. CWMBS, Inc. v. Von Houtman) 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.

Bluebook

Bank of New York Ex Rel. CWMBS, Inc. v. Von Houtman, 190 So. 3d 130, 2015 Fla. App. LEXIS 17906, 2015 WL 7571489 (Fla. Ct. App. 2015).

Pincite

Opinion

On Motion for'Attorneys’ Fees

PER CURIAM.

The Bank of New York as Trustee for the Benefit of CWMBS, Inc., CHL Mortgage Pass-Through Trust 2007-19 Mortgage Pass-Through Certificates, Series 2007-19 (“the Bank”), petitioned this court for a writ of certiorari to review a trial court discovery order. After we issued an order dismissing that petition, respondent filed a motion for appellate attorneys’ fees. Because it was not timely filed pursuant to Florida Rule of Appellate Procedure 9.100(k), we deny the motion.

As the Bank petitioned this court'for a writ of certiorari, we have original jurisdiction. See Fla. R. App. P. '9.100(a)-(b). Motions for attorney’s fees in original proceedings must be Served “not later than .the time for service of the petitioner’s réply to the response to the petition.” Fla. R. App. P. 9.400(b)(2). “Under rule 9.100, parties may not respond to the petition unless the appellate court issues an order to show cause.” Advanced Chiropractic & Rehab. Ctr., Corp., 140 So.3d 529, 534 (Fla.2014), Here, we issued an order to respondent to show cause why the petition should not be granted, and he later filed a résponse within the time period allotted. 1

*131 If a response has been filed, rule 9.100(k) states, that “[w]ithin 20 days thereafter or such other time set by the court, the petitioner may serve a reply. ..Fla. R. App. P. 9.100(k). Thus, where a response has been filed by the respondent in cases of original jurisdiction, any motion for attorneys’ fees must .be filed within twenty days of the response, or within any other time set by the appellate court.

Here, respondent failed to timely file the motion in accordance "with the deadlines established in these rules. Accordingly, the motion for appellate attorneys’ fees is denied.

Motion for fees denied.

WARNER, DAMOORGIAN and KLINGENSMITH, JJ., concur.

1

. In Advanced Chiropractic & Rehabilitation Center, Corp„ the Florida Supreme Court held that the version of Florida Rule of Appellate Procedure 9,400 then in effect did not apply to original proceedings; 140 So.3d at 537, Subsequently, the court ■ created - rule *131 9.400(b)(2). See In re Amendments to Fla. Rules of Appellate Procedure, No. SC14-227, 2014 WL 5714099, at *19 (Fla. Nov. 6, 2014).

Free access — add to your briefcase to read the full text and ask questions with AI

On Motion for'Attorneys’ Fees

PER CURIAM.

The Bank of New York as Trustee for the Benefit of CWMBS, Inc., CHL Mortgage Pass-Through Trust 2007-19 Mortgage Pass-Through Certificates, Series 2007-19 (“the Bank”), petitioned this court for a writ of certiorari to review a trial court discovery order. After we issued an order dismissing that petition, respondent filed a motion for appellate attorneys’ fees. Because it was not timely filed pursuant to Florida Rule of Appellate Procedure 9.100(k), we deny the motion.

As the Bank petitioned this court'for a writ of certiorari, we have original jurisdiction. See Fla. R. App. P. '9.100(a)-(b). Motions for attorney’s fees in original proceedings must be Served “not later than .the time for service of the petitioner’s réply to the response to the petition.” Fla. R. App. P. 9.400(b)(2). “Under rule 9.100, parties may not respond to the petition unless the appellate court issues an order to show cause.” Advanced Chiropractic & Rehab. Ctr., Corp., 140 So.3d 529, 534 (Fla.2014), Here, we issued an order to respondent to show cause why the petition should not be granted, and he later filed a résponse within the time period allotted. 1

*131 If a response has been filed, rule 9.100(k) states, that “[w]ithin 20 days thereafter or such other time set by the court, the petitioner may serve a reply. ..Fla. R. App. P. 9.100(k). Thus, where a response has been filed by the respondent in cases of original jurisdiction, any motion for attorneys’ fees must .be filed within twenty days of the response, or within any other time set by the appellate court.

Here, respondent failed to timely file the motion in accordance "with the deadlines established in these rules. Accordingly, the motion for appellate attorneys’ fees is denied.

Motion for fees denied.

WARNER, DAMOORGIAN and KLINGENSMITH, JJ., concur.

1

. In Advanced Chiropractic & Rehabilitation Center, Corp„ the Florida Supreme Court held that the version of Florida Rule of Appellate Procedure 9,400 then in effect did not apply to original proceedings; 140 So.3d at 537, Subsequently, the court ■ created - rule *131 9.400(b)(2). See In re Amendments to Fla. Rules of Appellate Procedure, No. SC14-227, 2014 WL 5714099, at *19 (Fla. Nov. 6, 2014).

Cite This Page — Counsel Stack

Bluebook (online)

190 So. 3d 130, 2015 Fla. App. LEXIS 17906, 2015 WL 7571489, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bank-of-new-york-ex-rel-cwmbs-inc-v-von-houtman-fladistctapp-2015.

Opinion

Related

Cite This Page — Counsel Stack