Syger v. Syger

District Court of Appeal of Florida

Syger v. Syger

828 So. 2d 449, 2002 Fla. App. LEXIS 15275, 2002 WL 31355253

CourtDistrict Court of Appeal of Florida

DecidedOctober 16, 2002

DocketNo. 4D02-2728

StatusPublished

Cited by1 cases

This text of 828 So. 2d 449 (Syger v. Syger) 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

Syger v. Syger, 828 So. 2d 449, 2002 Fla. App. LEXIS 15275, 2002 WL 31355253 (Fla. Ct. App. 2002).

Pincite

Opinion

PER CURIAM.

We grant a petition for writ of prohibition seeking to prohibit the trial court from awarding attorney’s fees where the dissolution judgment did not reserve jurisdiction to do so. Osherow v. Osherow, 727 So.2d 1091 (Fla. 4th DCA 1999). The order granting rule 1.540 relief to amend the judgment to reserve jurisdiction for attorney’s fees is vacated, solely because it was entered after all proceedings in the trial court were stayed by our order to show cause on the petition for writ of prohibition. We agree with Sottile v. Sottile, 551 So.2d 608 (Fla. 5th DCA 1989), which holds that inadvertently failing to include a retention of jurisdiction to award attorney’s fees can be corrected under rule 1.540. Accordingly, when the stay is no longer in effect, the trial court can consider respondent’s 1.540 motion.

WARNER, KLEIN and SHAHOOD, JJ, concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

We grant a petition for writ of prohibition seeking to prohibit the trial court from awarding attorney’s fees where the dissolution judgment did not reserve jurisdiction to do so. Osherow v. Osherow, 727 So.2d 1091 (Fla. 4th DCA 1999). The order granting rule 1.540 relief to amend the judgment to reserve jurisdiction for attorney’s fees is vacated, solely because it was entered after all proceedings in the trial court were stayed by our order to show cause on the petition for writ of prohibition. We agree with Sottile v. Sottile, 551 So.2d 608 (Fla. 5th DCA 1989), which holds that inadvertently failing to include a retention of jurisdiction to award attorney’s fees can be corrected under rule 1.540. Accordingly, when the stay is no longer in effect, the trial court can consider respondent’s 1.540 motion.

WARNER, KLEIN and SHAHOOD, JJ, concur.

Cite This Page — Counsel Stack

Bluebook (online)

828 So. 2d 449, 2002 Fla. App. LEXIS 15275, 2002 WL 31355253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/syger-v-syger-fladistctapp-2002.

Opinion

Related

Cite This Page — Counsel Stack