Garcia v. Garcia

District Court of Appeal of Florida

Garcia v. Garcia

534 So. 2d 1211, 13 Fla. L. Weekly 2595, 1988 Fla. App. LEXIS 5245, 1988 WL 125623

CourtDistrict Court of Appeal of Florida

DecidedNovember 29, 1988

DocketNo. 88-1007

StatusPublished

Cited by1 cases

This text of 534 So. 2d 1211 (Garcia v. Garcia) 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

Garcia v. Garcia, 534 So. 2d 1211, 13 Fla. L. Weekly 2595, 1988 Fla. App. LEXIS 5245, 1988 WL 125623 (Fla. Ct. App. 1988).

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Opinion

PER CURIAM.

The wife’s motion for attorney’s fees in this dissolution of marriage case was denied on the sole ground that it was untimely. The record reflects, however, that the motion was made well before the final judgment of dissolution was entered, the final judgment itself retained jurisdiction to award fees on the application of either party, and the wife renewed her motion for fees within a reasonable time after final judgment was entered. Under such circumstances, the wife's application for fees was not untimely and should have been considered. The order under review is, accordingly, reversed and the cause remanded for further proceedings on the wife’s motion for fees.

REVERSED AND REMANDED.

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PER CURIAM.

The wife’s motion for attorney’s fees in this dissolution of marriage case was denied on the sole ground that it was untimely. The record reflects, however, that the motion was made well before the final judgment of dissolution was entered, the final judgment itself retained jurisdiction to award fees on the application of either party, and the wife renewed her motion for fees within a reasonable time after final judgment was entered. Under such circumstances, the wife's application for fees was not untimely and should have been considered. The order under review is, accordingly, reversed and the cause remanded for further proceedings on the wife’s motion for fees.

REVERSED AND REMANDED.

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534 So. 2d 1211, 13 Fla. L. Weekly 2595, 1988 Fla. App. LEXIS 5245, 1988 WL 125623, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garcia-v-garcia-fladistctapp-1988.

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