Legal Opinion

Smith v. Dawson

District Court of Appeal of Florida

Decided June 30, 2004No. 2D03-1304PublishedCited by 3 opinions

1Opinion of the Court

NORTHCUTT, Judge.

Thomas Michael Smith appeals a post-dissolution judgment ¿warding attorney’s fees and costs to his former wife, Gail Elizabeth Dawson Smith, n/k/a Gail Elizabeth Dawson. We reverse because the amended motion for attorney’s fees and the notice of hearing were not served upon Smith’s attorneys of record.

Florida Rule of Civil Procedure I.080(b) requires service upon the attorney of record in a pending action. See Bridges v. Bridges, 520 So.2d 318 (Fla. 2d DCA 1988). Smith argues, and the record shows, that the amended motion for attorney’s fees and the notice of hearing were not…

2Cases cited3 opinions

  1. Fidelity-Philadelphia Trust Co. v. BallDistrict Court of Appeal of Florida · 1968
  2. Suarez v. Hillcrest Development of South Florida, Inc.District Court of Appeal of Florida · 1999
  3. Hanley v. HanleyDistrict Court of Appeal of Florida · 1983

3Cited by3 opinions

  1. Miami-Dade County v. CribbsDistrict Court of Appeal of Florida · 2006
  2. Taylor Industrial Construction, Inc. v. Westfield Insurance CompanyDistrict Court, M.D. Florida · 2020
  3. Woodward v. WoodwardDistrict Court of Appeal of Florida · 2025

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