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Molloy v. Flood

District Court of Appeal of Florida, Second District
Aug 13, 2004
884 So. 2d 256 (Fla. Dist. Ct. App. 2004)

Summary

holding that service of a notice of hearing where the final judgment reserved jurisdiction as to attorney's fees and costs did not comply with rule 1.525

Summary of this case from Marina v. Duncan

Opinion

No. 2D03-4957.

August 13, 2004.

Appeal from the Circuit Court for Hillsborough County; Charles Ed Bergmann, Judge.

Catherine M. Catlin of Catherine M. Catlin, P.A., Tampa, for Appellant.

Jane H. Grossman of Law Office of Jane H. Grossman, St. Petersburg, for Appellee.


Wife Jenny Molloy appeals the trial court's order granting Husband Todd Flood's motion to strike her request for attorney's fees. The trial court granted the motion because the Wife failed to file a motion for attorney's fees within thirty days after the entry of the final judgment as required by Florida Rule of Civil Procedure 1.525, effective January 1, 2001. In fact, the Wife never filed a motion for attorney's fees, relying instead on her notice of hearing on the issue and a provision reserving jurisdiction to determine attorney's fees in the final judgment of dissolution. The bright line established by rule 1.525 requires a separate written motion for attorney's fees to be filed within thirty days of the entry of final judgment; reserving jurisdiction in the final judgment does not automatically extend the time. See Lyn v. Lyn, 2D03-4393, 2004 WL 1635103, 884 So.2d 181 (Fla. 2d DCA July 23, 2004); Mook v. Mook, 873 So.2d 363 (Fla. 2d DCA 2004); Gulf Landings Ass'n v. Hershberger, 845 So.2d 344 (Fla. 2d DCA 2003); Diaz v. Bowen, 832 So.2d 200 (Fla. 2d DCA 2002). Accordingly, we affirm and certify conflict with Fisher v. John Carter Assocs., Inc., 864 So.2d 493 (Fla. 4th DCA 2004).

Affirmed, conflict certified.

NORTHCUTT and WALLACE, JJ., concur.


Summaries of

Molloy v. Flood

District Court of Appeal of Florida, Second District
Aug 13, 2004
884 So. 2d 256 (Fla. Dist. Ct. App. 2004)

holding that service of a notice of hearing where the final judgment reserved jurisdiction as to attorney's fees and costs did not comply with rule 1.525

Summary of this case from Marina v. Duncan

holding that service of a notice of hearing where the final judgment reserved jurisdiction as to attorney's fees and costs did not comply with rule 1.525

Summary of this case from Marina v. Duncan Seawall Dock

In Molloy v. Flood, 884 So.2d 256 (Fla. 2d DCA 2004), this court also determined that service of a notice of hearing instead of a motion for fees and costs is not sufficient to comply with the rule.

Summary of this case from Gulf Shores, L.L.C. v. Riverwood Community Development District

certifying conflict with Fisher v. John Carter Assocs., Inc., 864 So.2d 493 (Fla. 4th DCA 2004)

Summary of this case from Sharon v. Sharon
Case details for

Molloy v. Flood

Case Details

Full title:Jenny MOLLOY f/k/a Jenny Flood, Appellant, v. Todd FLOOD, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Aug 13, 2004

Citations

884 So. 2d 256 (Fla. Dist. Ct. App. 2004)

Citing Cases

Sharon v. Sharon

This court has clearly held that rule 1.525 requires a separate written motion for attorneys' fees to be…

Reddell v. Reddell

Id. at 298-299. See also Molloy v. Flood, 884 So.2d 256 (Fla. 2d DCA 2004). But see Wilkinson v. Wilkinson,…