Hanley v. Kajak

District Court of Appeal of Florida

Hanley v. Kajak

647 So. 2d 916, 1994 Fla. App. LEXIS 11499, 1994 WL 665720

CourtDistrict Court of Appeal of Florida

DecidedNovember 30, 1994

DocketNo. 94-3030

StatusPublished

Cited by1 cases

This text of 647 So. 2d 916 (Hanley v. Kajak) 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

Hanley v. Kajak, 647 So. 2d 916, 1994 Fla. App. LEXIS 11499, 1994 WL 665720 (Fla. Ct. App. 1994).

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Opinion

ON MOTION TO RELINQUISH JURISDICTION

PER CURIAM.

The appellee has filed a motion to relinquish jurisdiction of this appeal from a final judgment so that the trial court can award attorney’s fees pursuant to a provision in the judgment reserving jurisdiction to award attorney’s fees. We join those courts which have concluded that the trial court retains jurisdiction to award attorney’s fees under these circumstances, and that relinquishment by the appellate court is unnecessary. Casavan v. Land O’Lakes Realty, Inc. of Leesburg, 526 So.2d 215 (Fla. 5th DCA 1988); Bernstein v. Berrin, 516 So.2d 1042 (Fla. 2d DCA 1987); Bailey v. Bailey, 392 So.2d 49 (Fla. 3d DCA 1981). We therefore deny the motion to relinquish jurisdiction as moot.

POLEN, FARMER and KLEIN, JJ., concur.

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ON MOTION TO RELINQUISH JURISDICTION

PER CURIAM.

The appellee has filed a motion to relinquish jurisdiction of this appeal from a final judgment so that the trial court can award attorney’s fees pursuant to a provision in the judgment reserving jurisdiction to award attorney’s fees. We join those courts which have concluded that the trial court retains jurisdiction to award attorney’s fees under these circumstances, and that relinquishment by the appellate court is unnecessary. Casavan v. Land O’Lakes Realty, Inc. of Leesburg, 526 So.2d 215 (Fla. 5th DCA 1988); Bernstein v. Berrin, 516 So.2d 1042 (Fla. 2d DCA 1987); Bailey v. Bailey, 392 So.2d 49 (Fla. 3d DCA 1981). We therefore deny the motion to relinquish jurisdiction as moot.

POLEN, FARMER and KLEIN, JJ., concur.

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Bluebook (online)

647 So. 2d 916, 1994 Fla. App. LEXIS 11499, 1994 WL 665720, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hanley-v-kajak-fladistctapp-1994.

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