Legal Opinion

Department of Legal Affairs v. Heim

District Court of Appeal of Florida

Decided August 8, 1997No. 96-648Published

1Opinion of the Court

THOMPSON, Judge.

The Department of Legal Affairs appeals the award of attorney’s fees in favor of Charles E. Heim, Jr. We reverse.

The time to file a motion for attorney’s fees ripens when the party is dismissed from the case, Chrysler Corp. v. Hames, 345 So.2d 813 (Fla. 4th DCA 1977). Here, Heim filed his motion for attorney’s fees sixteen months after the department voluntarily dismissed him as a party with prejudice. A delay of this length is unreasonable. See Nat’l Envt’l Products, Ltd., Inc. v. Falls, 678 So.2d 869 (Fla. 4th DCA 1996); Bass v. State Farm Life Ins. Co., 649 So.2d 924 (Fla.…

2Cases cited4 opinions

  1. Bass v. State Farm Life Ins. Co.District Court of Appeal of Florida · 1995
  2. Chrysler Corp. v. HamesDistrict Court of Appeal of Florida · 1977
  3. NATIONAL ENVIRONMENTAL PRODUCTS v. FallsDistrict Court of Appeal of Florida · 1996
  4. Jaye v. RosenbaumDistrict Court of Appeal of Florida · 1988

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