Piazza v. Piazza

District Court of Appeal of Florida

Piazza v. Piazza

568 So. 2d 989, 1990 Fla. App. LEXIS 8149, 1990 WL 159655

CourtDistrict Court of Appeal of Florida

DecidedOctober 24, 1990

DocketNo. 89-1648

StatusPublished

This text of 568 So. 2d 989 (Piazza v. Piazza) 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.

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Piazza v. Piazza, 568 So. 2d 989, 1990 Fla. App. LEXIS 8149, 1990 WL 159655 (Fla. Ct. App. 1990).

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Opinion

PER CURIAM.

We reverse the award of attorney’s fees and remand with direction that any award is to be for fees at the trial court level only, in light of our previous ruling upon the untimely motion for appellate attorney’s fees for the prior appeal. We denied that motion; the trial court therefore had no jurisdiction to award attorney's fees for that appeal.

The trial court is further directed to condition any award upon the filing by appel-lee of a financial affidavit, as required by Florida Rule of Civil Procedure 1.611(a) which she did not file, as well as the opportunity of appellant for discovery and the expression by the trial court of specific findings as required by Florida Patient’s Compensation Fund v. Rowe, 472 So.2d 1145 (Fla.1985). See Seaton v. Seaton, 563 So.2d 837 (Fla. 4th DCA 1990).

LETTS, GLICKSTEIN and GUNTHER, JJ., concur.

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PER CURIAM.

We reverse the award of attorney’s fees and remand with direction that any award is to be for fees at the trial court level only, in light of our previous ruling upon the untimely motion for appellate attorney’s fees for the prior appeal. We denied that motion; the trial court therefore had no jurisdiction to award attorney's fees for that appeal.

The trial court is further directed to condition any award upon the filing by appel-lee of a financial affidavit, as required by Florida Rule of Civil Procedure 1.611(a) which she did not file, as well as the opportunity of appellant for discovery and the expression by the trial court of specific findings as required by Florida Patient’s Compensation Fund v. Rowe, 472 So.2d 1145 (Fla.1985). See Seaton v. Seaton, 563 So.2d 837 (Fla. 4th DCA 1990).

LETTS, GLICKSTEIN and GUNTHER, JJ., concur.

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568 So. 2d 989, 1990 Fla. App. LEXIS 8149, 1990 WL 159655, Counsel Stack Legal Research, https://law.counselstack.com/opinion/piazza-v-piazza-fladistctapp-1990.

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