Florida District Courts of Appeal, 2011

Unifirst Corp. v. City of Jacksonville, Tax Collector's Office

Unifirst Corp. v. City of Jacksonville, Tax Collector's Office
Florida District Courts of Appeal · Decided December 30, 2011 · Benton, Hawkes, Thomas
84 So. 3d 336; 2011 Fla. App. LEXIS 20858; 2011 WL 6851240 (Southern Reporter, Third Series)

Unifirst Corp. v. City of Jacksonville, Tax Collector's Office

Opinion of the Court

ON MOTION FOR REVIEW OF AWARD OF ATTORNEY’S FEES AND COSTS

BENTON, C.J.

Appellant’s motion for review of award of attorney’s fees and costs is granted in part. The circuit court shall reduce the award against Kevin S. Sanders by any amount attributable to any litigation other than the proceedings in this court that eventuated in the denial of the motion for rehearing (filed on December 15, 2009) by order entered March 25, 2010.

In the absence of even a motion for attorney’s fees in the supreme court, there is no basis for an award of attorney’s fees incurred in proceedings in the supreme court. See Milanick v. Osborne, 6 So.3d 729, 731 (Fla. 5th DCA 2009) (holding Osborne not entitled to attorney’s fees incurred defending against Milanick’s attempt to obtain discretionary review of the Fifth District’s opinion in the supreme court where Osborne “did not request an award of fees incurred with respect to the supreme court proceedings”); Respiratory Care Servs., Inc. v. Murray D. Shear, P.A., 715 So.2d 1054, 1056 (Fla. 5th DCA 1998) (holding motion for attorney’s fees was necessary predicate).

HAWKES and THOMAS, JJ., concur.

070rehearing

ON MOTION FOR REHEARING OR CLARIFICATION AND REHEARING EN BANC

THOMAS, J.

This cause is before us on Appellant’s motion for rehearing or clarification and rehearing en banc, which we deny. In responding to Appellant’s motion, Appellee also filed a motion for attorney’s fees and sanctions pursuant to section

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