Florida District Courts of Appeal, 1978

Environs Palm Beach v. Donovan

Environs Palm Beach v. Donovan
Florida District Courts of Appeal · Decided February 21, 1978 · Cross, Dauksch, Moore
361 So. 2d 718; 1978 Fla. App. LEXIS 14982 (Southern Reporter, Second Series)

Environs Palm Beach v. Donovan

Opinion of the Court

DAUKSCH, Judge.

Appealed is an order granting a motion to amend a final judgment. Because the motion was served more than ten days after the entry of the judgment, it was untimely. Fla.R.Civ.P. 1.530(g). The order amending the final judgment is reversed and the cause is remanded for the appellee to make application to the lower court for such attorneys’ fees from appellant as are permitted under the law.

Reversed and remanded.

MOORE, J., concurs. CROSS, J., concurs in part and dissents in part, with opinion.

Concurring in Part

CROSS, Judge,

concurring in part, and dissenting in part:

I concur in the majority’s conclusion to reverse the order amending the final judgment, and dissent as to remanding for further proceedings on attorneys’ fees, which are inappropriate.

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