Florida District Courts of Appeal, 1980

Special Disability Trust Fund v. Wareham

Special Disability Trust Fund v. Wareham
Florida District Courts of Appeal · Decided January 23, 1980 · Booth, McCord, Mills
381 So. 2d 257; 1980 Fla. App. LEXIS 16278 (Southern Reporter, Second Series)

Special Disability Trust Fund v. Wareham

070rehearing

ON MOTION FOR REHEARING GRANTED

MILLS, Chief Judge.

Appellant’s motion for rehearing on the Court’s order of 23 January 1980, awarding appellee appellate attorney’s fees, is granted on authority of Section 440.-49(4)(f)2, Florida Statutes (1977), and the order is vacated and set aside.

The Court would like to point out that the appropriate time to object to the award of appellate attorney’s fees is by appropriate motion prior to the Court’s consideration of the motion for assessment of attorney’s fees, not after the award has been ordered. Not only is this the appropriate procedure but attorneys should always help the Court in its consideration of all issues presented to it by timely and fully presenting the Court all authorities pro and con on the issues.

McCORD, J., concurs.

BOOTH, J., dissents.

Opinion of the Court

PER CURIAM.

AFFIRMED.

MILLS, C. J., and McCORD, J., concur. BOOTH, J., dissents with opinion.

Dissenting Opinion

BOOTH, Judge,

dissenting.

I dissent from this court’s retention of jurisdiction in this case, which arose outside the territorial jurisdiction of the court. See Crews v. Town of Bay Harbor, 378 So.2d 1265 (Fla. 1st DCA 1979).

On the merits, I would concur in the majority’s opinion.

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