Entitlement to Attorneys’ Fees Awarded Following Grant of Motion to Dismiss

Florida Rule of Appellate Procedure 9.400(b) states:

A motion for attorneys’ fees may be served not later than the time for service of the reply brief and shall state the grounds on which recovery is sought. The assessment of attorneys’ fees may be remanded to the lower tribunal. If attorney’s fees are assessed by the court, the lower tribunal may enforce payment.

We recently filed a motion for attorneys’ fees in the Fourth District Court of Appeal after the opposing party voluntarily dismissed her own motion for contempt and petition for modification of the final judgment as to child custody in the trial court. We had appealed the trial court’s order denying our client’s motion to dismiss for lack of personal jurisdiction. Neither the parties nor the child in this family law case had any relationship to the State of Florida.

After we submitted an Initial Brief in the appellate court, the opposing party voluntarily dismissed her motion for contempt and petition for modification in the trial court and asked the appellate court to dismiss the pending appeal. We then filed a successful motion for attorneys’ fees in the Fourth District Court of Appeal. Having secured entitlement to fees, we will now be going back to the trial court to obtain the actual award of fees.

If you have any questions regarding this case, or if you have any other appellate or trial support questions,  contact The Law Offices of Robin Bresky (http://www.breskyappellate.com) at 561-994-6273.