Richards v. Bennett

District Court of Appeal of Florida

Richards v. Bennett

642 So. 2d 668, 1994 Fla. App. LEXIS 9027, 1994 WL 511258

CourtDistrict Court of Appeal of Florida

DecidedSeptember 21, 1994

DocketNos. 94-120, 94-431

StatusPublished

This text of 642 So. 2d 668 (Richards v. Bennett) 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

Richards v. Bennett, 642 So. 2d 668, 1994 Fla. App. LEXIS 9027, 1994 WL 511258 (Fla. Ct. App. 1994).

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Opinion

GREEN, Judge.

This is a consolidated appeal and cross appeal from orders concerning visitation rights and attorneys’ fees in a custody battle between appellants/grandparents and appel-lee natural father.

We reverse the post judgment order awarding the natural father attorneys’ fees because the court did not reserve jurisdiction to award the same in the final judgment. Absent a specific reservation of jurisdiction for that purpose in the final judgment, the court lacked jurisdiction to award such fees at a later date. Berlin v. Berlin, 395 So.2d 1260 (Fla. 3d DCA 1981); Church v. Church, 338 So.2d 544 (Fla. 3d DCA 1976); Frumkes v. Frumkes, 328 So.2d 34 (Fla. 3d DCA 1976).

We find no reversible error in the remaining orders under review and affirm the same.

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GREEN, Judge.

This is a consolidated appeal and cross appeal from orders concerning visitation rights and attorneys’ fees in a custody battle between appellants/grandparents and appel-lee natural father.

We reverse the post judgment order awarding the natural father attorneys’ fees because the court did not reserve jurisdiction to award the same in the final judgment. Absent a specific reservation of jurisdiction for that purpose in the final judgment, the court lacked jurisdiction to award such fees at a later date. Berlin v. Berlin, 395 So.2d 1260 (Fla. 3d DCA 1981); Church v. Church, 338 So.2d 544 (Fla. 3d DCA 1976); Frumkes v. Frumkes, 328 So.2d 34 (Fla. 3d DCA 1976).

We find no reversible error in the remaining orders under review and affirm the same.

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Bluebook (online)

642 So. 2d 668, 1994 Fla. App. LEXIS 9027, 1994 WL 511258, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richards-v-bennett-fladistctapp-1994.

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