Thursday, August 11, 2005

Reservation of Jurisdiction to Award Attorneys Fees – Ooops!

In May v. May, 2005 Fla. App. LEXIS 12430 [Fla. 2nd DCA 2005] the Former Wife prevailed on her Motion to Enforce Mediation Agreement in which she requested an award of attorney’s fees. The court, at the request of counsel for both parties, agreed to determine the issue of attorney's fees at a post-hearing time – however, the court inadvertently did not do so in its order. The Second District Court of Appeal reversed and remanded for the court to enter a corrected order reserving jurisdiction to consider the Former Wife’s request for attorney's fees.

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