12 Fla. L. Weekly Supp. 127a
Attorney’s fees — Insurance — Timeliness of motion for attorney’s fees — Where trial court entered final judgment and reserved jurisdiction to award fees, reservation of jurisdiction extended 30-day time limit for filing motion for attorney’s fees
U.S. SECURITY INSURANCE COMPANY, Appellant, vs. KAM HABIBI, D.C., P.A. (Henode Luise), Appellee. Circuit Court, 17th Judicial Circuit (Appellate) in and for Broward County. Case No. 02-23637 (25). October 19, 2004. Robert A. Rosenberg, Judge.
ORDER AND OPINION
THIS CAUSE having come before the court upon direct appeal from a Final Judgment and Order on Plaintiff’s Motion to Set Reasonable Attorney’s Fees and Costs and the court having considered same, having reviewed the briefs submitted by the parties, and being otherwise duly advised in the premises, finds and decides as follows:
This appeal arises from a motion for attorney’s fees granted in favor of the plaintiff/appellee, Kam Habibi. On August 20, 2001, the trial court entered an Order Granting Plaintiff’s Motion for Summary Judgment in favor of the plaintiff/appellee; in that order, the trial court reserved jurisdiction to award attorney’s fees and costs. Subsequently, on August 28, 2001, the defendant/appellant filed a Motion for Rehearing. On February 11, 2002, the plaintiff/appellee filed a Motion for Attorney’s fees, which was granted in favor of the plaintiff/appellee on November 19, 2002.
The appellant, U.S. Security Insurance Company, argues on appeal that the Motion for Attorney’s Fees and Costs was not timely filed in accordance with Florida Rules of Civil Procedure 1.525. This rule provides that a motion for attorney’s fees and costs must be filed within thirty (30) days of the filing of the final judgment. However, the Fourth District Court of Appeals has recently held that when a trial court reserves jurisdiction over attorney’s fees and costs in a final judgment, this reservation extends the thirty (30) day time limit to file a motion for attorney’s fees and costs. Fisher v. John Carter and Assocs., Inc., 864 So.2d 493 (Fla. 4th DCA 2004). In light of the Fourth District Court of Appeals holding, this court affirms the trial court’s holding.
Accordingly, it is hereby
ORDERED AND ADJUDGED that the trial court’s Final Judgment and Order on Plaintiff’s Motion to Set Reasonable Attorney’s Fees and Costs in favor of plaintiff/appellee, Kam Habibi, is AFFIRMED.
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