Dyer v. City of Miami Employees' Retirement Board

This is an appeal from an order denying a motion for attorney’s fees and costs filed by a successful petitioner in a certiorari proceeding before the circuit court sitting in its appellate capacity. We affirm the order under review upon a holding that the circuit court had no jurisdiction to grant the said motion. We reach this result because (a) the circuit court had issued its appellate mandate in the case (September 30, 1986), and the term of court in which the mandate issued had expired (November 10, 1986), see § 26.32, Fla.Stat. (1985), by the time the petitioner filed his motion for…