Environs Palm Beach v. Donovan

District Court of Appeal of Florida

Environs Palm Beach v. Donovan

361 So. 2d 718, 1978 Fla. App. LEXIS 14982

District Court of Appeal of Florida·Decided February 21, 1978·No. Nos. 77-148, 77-149·Published·Cited by 1 cases

Opinions

DAUKSCH, Judge.

Appealed is an order granting a motion to amend a final judgment. Because the motion was served more than ten days after the entry of the judgment, it was untimely. Fla.R.Civ.P. 1.530(g). The order amending the final judgment is reversed and the cause is remanded for the appellee to make application to the lower court for such attorneys’ fees from appellant as are permitted under the law.

Reversed and remanded.

MOORE, J., concurs. CROSS, J., concurs in part and dissents in part, with opinion.

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DAUKSCH, Judge.

Appealed is an order granting a motion to amend a final judgment. Because the motion was served more than ten days after the entry of the judgment, it was untimely. Fla.R.Civ.P. 1.530(g). The order amending the final judgment is reversed and the cause is remanded for the appellee to make application to the lower court for such attorneys’ fees from appellant as are permitted under the law.

Reversed and remanded.

MOORE, J., concurs. CROSS, J., concurs in part and dissents in part, with opinion.

Environs Palm Beach v. Donovan, 361 So. 2d 718, 1978 Fla. App. LEXIS 14982 (Fla. Ct. App. 1978).

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