Legal Opinion

Conley v. Shutts & Bowen, P.A.

District Court of Appeal of Florida

Decided August 3, 1993No. 92-2317PublishedCited by 1 opinion

1Opinion of the Court

BARKDULL, Judge.

During pendency of an appeal questioning the validity of a final order dismissing an amended complaint (with no reservation of jurisdiction to entertain a motion for attorneys’ fees)1 the trial court awarded attorneys’ fees pursuant to Section 57.105, Florida Statutes. The appeal of the final order of dismissal resulted in a five page opinion of this court. See Conley v. Shutts & Bowen, P.A., 616 So.2d 523 (Fla. 3d DCA 1993), which affirmed the dismissal. The instant appeal involves the validity of the attorneys' fees award. We reverse.

First, because without a reservation of…

2Cases cited7 opinions

Whitten v. Progressive Cas. Ins. Co.Supreme Court of Florida · 1982
Hillsborough County Board of County Commissioners v. Public Employees Relations CommissionDistrict Court of Appeal of Florida · 1982
Patin v. PopinoDistrict Court of Appeal of Florida · 1984
Conley v. Shutts & Bowen, PADistrict Court of Appeal of Florida · 1993
Cibula v. CibulaDistrict Court of Appeal of Florida · 1991

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3Cited by1 opinion

McHugh v. McHughDistrict Court of Appeal of Florida · 2002