Lobel v. Southgate Condominium Ass'n

District Court of Appeal of Florida

Lobel v. Southgate Condominium Ass'n

436 So. 2d 170, 1983 Fla. App. LEXIS 22629

District Court of Appeal of Florida·Decided April 13, 1983·No. No. 82-461·Published·Cited by 4 cases

Opinion

PER CURIAM.

This case is per curiam affirmed. However, we pause to comment on the motion for attorneys fees, made by the successful appellee, which we deny.

Increasingly we note a tendency to seek attorneys fees out of season. The Florida Rule of Appellate Procedure 9.400(b) calls for the filing of such a motion no later than the time for service of the reply brief. In the case now before us the reply brief was filed on November 8, 1982 and it was not until over five months later that the motion for fees was filed. It is because of this tardiness that we have denied it.

LETTS, C.J., DOWNEY, J., and GOLDMAN, MURRAY, Associate Judge, concur.

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PER CURIAM.

This case is per curiam affirmed. However, we pause to comment on the motion for attorneys fees, made by the successful appellee, which we deny.

Increasingly we note a tendency to seek attorneys fees out of season. The Florida Rule of Appellate Procedure 9.400(b) calls for the filing of such a motion no later than the time for service of the reply brief. In the case now before us the reply brief was filed on November 8, 1982 and it was not until over five months later that the motion for fees was filed. It is because of this tardiness that we have denied it.

LETTS, C.J., DOWNEY, J., and GOLDMAN, MURRAY, Associate Judge, concur.

Lobel v. Southgate Condominium Ass'n, 436 So. 2d 170, 1983 Fla. App. LEXIS 22629 (Fla. Ct. App. 1983).

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436 So. 2d 170 (Lobel v. Southgate Condominium Ass'n) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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