17 Fla. L. Weekly Supp. 173b
Online Reference: FLWSUPP 1703HOWAInsurance — Attorney’s fees — Timeliness of motion — Motion for attorney’s fees filed prior to entry of final judgment was timely filed
UNITED AUTOMOBILE INSURANCE COMPANY, Appellant, vs. HALLANDALE BEACH ORTHOPEDICS A/A/O WINSTON HOWARD, Appellee. Circuit Court, 17th Judicial Circuit (Appellate) in and for Broward County. Case No. 08-49001 (21). Counsel: Michael J. Neimand. Amir Fleischer. Roberts J. Bradford, Jr.
ORDER
(ALEMAN, J.) This matter comes before the Court, sitting in its appellate capacity, on appeal from an order of the county court, awarding attorney fees to Appellee.
A motion seeking taxation of costs and attorney fees must be filed no later than thirty (30) days past the judgment upon which it relies for entitlement. Fla. Rule of Civil Procedure 1.525. It is the date of judgment, not the date of a party’s confession of judgment which operates, by law, as the triggering date from which the thirty (30) days runs.
On November 8, 2007, Appellee filed its Motion for Attorney Fees and Costs. On June 17, 2008, a final judgment was entered. Thus, Appellee filed its Motion for Attorney Fees and Costs well before any 30-day period following the June 17, 2008 judgment had expired.
Accordingly, the trial court order awarding attorney fees to Appellee is ORDERED AFFIRMED.
