Frank v. Morgan

District Court of Appeal of Florida

Frank v. Morgan

104 So. 3d 383, 2012 WL 6681981, 2012 Fla. App. LEXIS 22018

CourtDistrict Court of Appeal of Florida

DecidedDecember 26, 2012

DocketNo. 3D12-1824

StatusPublished

This text of 104 So. 3d 383 (Frank v. Morgan) 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

Frank v. Morgan, 104 So. 3d 383, 2012 WL 6681981, 2012 Fla. App. LEXIS 22018 (Fla. Ct. App. 2012).

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Opinion

SUAREZ, J.

Upon concession by appellees that the trial court incorrectly interpreted this Court’s order dated December 8, 2011, we reverse the trial court’s order of May 31, 2012, solely insofar as the trial court stated that this Court’s order of December 8, 2011, precludes the trial court from considering appellant’s entitlement to attorney’s fees and costs at the trial court level. To clarify, this Court’s order did not address the issue of appellant’s entitlement to, or amount of attorney’s fees and costs, if any, at the trial court level. This Court’s December 8, 2011 order denied Larry Frank’s Motion for Costs and Attorney’s Fees (at the appellate level) dated July 17, 2011, and conditionally granted and remanded for further determination, Larry Frank’s Motion to Assess Appellate Attorney’s Fees Pursuant to Rejected Offer of Judgment, dated September 29, 2011. The issue of entitlement to attorney’s fees and costs at the trial level was not considered by this Court, and was not addressed in this Court’s order dated December 8, 2011.¹

Reversed and remanded.

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SUAREZ, J.

Upon concession by appellees that the trial court incorrectly interpreted this Court’s order dated December 8, 2011, we reverse the trial court’s order of May 31, 2012, solely insofar as the trial court stated that this Court’s order of December 8, 2011, precludes the trial court from considering appellant’s entitlement to attorney’s fees and costs at the trial court level. To clarify, this Court’s order did not address the issue of appellant’s entitlement to, or amount of attorney’s fees and costs, if any, at the trial court level. This Court’s December 8, 2011 order denied Larry Frank’s Motion for Costs and Attorney’s Fees (at the appellate level) dated July 17, 2011, and conditionally granted and remanded for further determination, Larry Frank’s Motion to Assess Appellate Attorney’s Fees Pursuant to Rejected Offer of Judgment, dated September 29, 2011. The issue of entitlement to attorney’s fees and costs at the trial level was not considered by this Court, and was not addressed in this Court’s order dated December 8, 2011.¹

Reversed and remanded.

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Bluebook (online)

104 So. 3d 383, 2012 WL 6681981, 2012 Fla. App. LEXIS 22018, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frank-v-morgan-fladistctapp-2012.