Florida District Courts of Appeal, 1986

Friedman v. Grossman

Friedman v. Grossman
Florida District Courts of Appeal · Decided July 16, 1986 · Downey, Gunther, Hersey
490 So. 2d 1378; 11 Fla. L. Weekly 1560; 1986 Fla. App. LEXIS 8817 (Southern Reporter, Second Series)

Friedman v. Grossman

Opinion of the Court

DOWNEY, Judge.

Petitioner seeks the issuance of a writ of prohibition to prevent the trial court from considering an award of attorney’s fees for a post judgment modification proceeding in which reservation of jurisdiction to award fees was not provided for. We find merit in the petition that compels us to issue the writ and prohibit the respondent judge *1379from proceeding further on the question of attorney’s fees. Miraglia v. Geiger, 463 So.2d 448 (Fla. 4th DCA 1985). However, the question involving costs is another matter and jurisdiction need not be expressly retained in order to consider them.

HERSEY, C.J., and GUNTHER, J., concur.

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