Escambia County v. Stanberry

District Court of Appeal of Florida

Escambia County v. Stanberry

813 So. 2d 288, 2002 Fla. App. LEXIS 4792, 2002 WL 553425

CourtDistrict Court of Appeal of Florida

DecidedApril 16, 2002

DocketNo. 1D01-4483

StatusPublished

This text of 813 So. 2d 288 (Escambia County v. Stanberry) 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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Escambia County v. Stanberry, 813 So. 2d 288, 2002 Fla. App. LEXIS 4792, 2002 WL 553425 (Fla. Ct. App. 2002).

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Opinion

BENTON, J.

Escambia County appeals a final judgment awarding Earnest Stanberry, Jr., attorney’s fees under section 768.79, Florida Statutes (2001). Among other things, the County argues that a final judgment in the main case is a prerequisite for any fee award to Mr. Stanberry under the statute. We agree and reverse.

Under section 768.79(6), Florida Statutes (2001), entitlement to attorney’s fees arises, if at all, only “after the entry of judgment or after voluntary or involuntary dismissal.” See Saye v. Pieschacon, 750 So.2d 759, 761-62 (Fla. 1st DCA 2000) (“[T]he order awarding attorney’s fees and costs, pursuant to the offer of judgment statute, must be reversed because such an award requires the entry of a final judgment on the issue of liability, or its equivalent, in order to trigger entitlement under the statute.”).

Because final judgment had not been entered in the case which gave rise to the award of attorney’s fees, the fee award was premature at best. Although the jury had returned a verdict and the trial court had entered an interlocutory order requiring remittitur thereafter, the trial court has never entered final judgment in the case in which Mr. Stanberry made the offer of judgment the County refused. See Stanberry v. Escambia County, 813 So.2d 278 (Fla. 1st DCA, 2002) (holding that the order of remittitur was not a final judgment or final order). It is not clear at this juncture in whose favor judgment will ultimately be entered or in what amount.

Reversed.

ALLEN, C.J., and PADOVANO, J., concur.

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BENTON, J.

Escambia County appeals a final judgment awarding Earnest Stanberry, Jr., attorney’s fees under section 768.79, Florida Statutes (2001). Among other things, the County argues that a final judgment in the main case is a prerequisite for any fee award to Mr. Stanberry under the statute. We agree and reverse.

Under section 768.79(6), Florida Statutes (2001), entitlement to attorney’s fees arises, if at all, only “after the entry of judgment or after voluntary or involuntary dismissal.” See Saye v. Pieschacon, 750 So.2d 759, 761-62 (Fla. 1st DCA 2000) (“[T]he order awarding attorney’s fees and costs, pursuant to the offer of judgment statute, must be reversed because such an award requires the entry of a final judgment on the issue of liability, or its equivalent, in order to trigger entitlement under the statute.”).

Because final judgment had not been entered in the case which gave rise to the award of attorney’s fees, the fee award was premature at best. Although the jury had returned a verdict and the trial court had entered an interlocutory order requiring remittitur thereafter, the trial court has never entered final judgment in the case in which Mr. Stanberry made the offer of judgment the County refused. See Stanberry v. Escambia County, 813 So.2d 278 (Fla. 1st DCA, 2002) (holding that the order of remittitur was not a final judgment or final order). It is not clear at this juncture in whose favor judgment will ultimately be entered or in what amount.

Reversed.

ALLEN, C.J., and PADOVANO, J., concur.

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813 So. 2d 288, 2002 Fla. App. LEXIS 4792, 2002 WL 553425, Counsel Stack Legal Research, https://law.counselstack.com/opinion/escambia-county-v-stanberry-fladistctapp-2002.

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