Department of Legal Affairs v. Heim

District Court of Appeal of Florida

Department of Legal Affairs v. Heim

697 So. 2d 999, 1997 Fla. App. LEXIS 9062, 1997 WL 447626

CourtDistrict Court of Appeal of Florida

DecidedAugust 8, 1997

DocketNo. 96-648

StatusPublished

This text of 697 So. 2d 999 (Department of Legal Affairs v. Heim) 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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Department of Legal Affairs v. Heim, 697 So. 2d 999, 1997 Fla. App. LEXIS 9062, 1997 WL 447626 (Fla. Ct. App. 1997).

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Opinion

THOMPSON, Judge.

The Department of Legal Affairs appeals the award of attorney’s fees in favor of Charles E. Heim, Jr. We reverse.

The time to file a motion for attorney’s fees ripens when the party is dismissed from the case, Chrysler Corp. v. Hames, 345 So.2d 813 (Fla. 4th DCA 1977). Here, Heim filed his motion for attorney’s fees sixteen months after the department voluntarily dismissed him as a party with prejudice. A delay of this length is unreasonable. See Nat’l Envt’l Products, Ltd., Inc. v. Falls, 678 So.2d 869 (Fla. 4th DCA 1996); Bass v. State Farm Life Ins. Co., 649 So.2d 924 (Fla. 3d DCA 1995); Jaye v. Rosenbaum, 532 So.2d 688 (Fla. 4th DCA 1988).

REVERSED.

W. SHARP and GOSHORN, JJ., concur.

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THOMPSON, Judge.

The Department of Legal Affairs appeals the award of attorney’s fees in favor of Charles E. Heim, Jr. We reverse.

The time to file a motion for attorney’s fees ripens when the party is dismissed from the case, Chrysler Corp. v. Hames, 345 So.2d 813 (Fla. 4th DCA 1977). Here, Heim filed his motion for attorney’s fees sixteen months after the department voluntarily dismissed him as a party with prejudice. A delay of this length is unreasonable. See Nat’l Envt’l Products, Ltd., Inc. v. Falls, 678 So.2d 869 (Fla. 4th DCA 1996); Bass v. State Farm Life Ins. Co., 649 So.2d 924 (Fla. 3d DCA 1995); Jaye v. Rosenbaum, 532 So.2d 688 (Fla. 4th DCA 1988).

REVERSED.

W. SHARP and GOSHORN, JJ., concur.

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697 So. 2d 999, 1997 Fla. App. LEXIS 9062, 1997 WL 447626, Counsel Stack Legal Research, https://law.counselstack.com/opinion/department-of-legal-affairs-v-heim-fladistctapp-1997.

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