Landa v. Landa

District Court of Appeal of Florida

Landa v. Landa

740 So. 2d 601, 1999 Fla. App. LEXIS 12509, 1999 WL 743751

CourtDistrict Court of Appeal of Florida

DecidedSeptember 22, 1999

DocketNo. 99-1869

StatusPublished

This text of 740 So. 2d 601 (Landa v. Landa) 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

Landa v. Landa, 740 So. 2d 601, 1999 Fla. App. LEXIS 12509, 1999 WL 743751 (Fla. Ct. App. 1999).

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Opinion

PER CURIAM.

We dismiss the petition for writ of prohibition as premature, without prejudice to petitioner filing an appeal from the trial court’s eventual order awarding attorney fees and costs. Since petitioner has an adequate legal remedy through such appeal, prohibition relief is inappropriate. See English v. McCrary, 348 So.2d 293, 296-97 (Fla.1977). Also, while post-appeal appellate attorney fees generally may not be awarded by the trial court absent a mandate by the appellate court, see Gieseke v. Gieseke, 499 So.2d 839 (Fla. 4th DCA 1986), the trial court has jurisdiction to enter and enforce orders awarding attorneys’ fees and costs for services rendered in the lower tribunal, even if those services relate to an appeal. Fla.R.App.P. 9.600(c)(1).

GROSS, TAYLOR and HAZOURI, JJ., concur.

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PER CURIAM.

We dismiss the petition for writ of prohibition as premature, without prejudice to petitioner filing an appeal from the trial court’s eventual order awarding attorney fees and costs. Since petitioner has an adequate legal remedy through such appeal, prohibition relief is inappropriate. See English v. McCrary, 348 So.2d 293, 296-97 (Fla.1977). Also, while post-appeal appellate attorney fees generally may not be awarded by the trial court absent a mandate by the appellate court, see Gieseke v. Gieseke, 499 So.2d 839 (Fla. 4th DCA 1986), the trial court has jurisdiction to enter and enforce orders awarding attorneys’ fees and costs for services rendered in the lower tribunal, even if those services relate to an appeal. Fla.R.App.P. 9.600(c)(1).

GROSS, TAYLOR and HAZOURI, JJ., concur.

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Bluebook (online)

740 So. 2d 601, 1999 Fla. App. LEXIS 12509, 1999 WL 743751, Counsel Stack Legal Research, https://law.counselstack.com/opinion/landa-v-landa-fladistctapp-1999.

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