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370 So. 2d 1154

Dooley v. Culver

District Court of Appeal of Florida

Decided November 1, 1978

District Court of Appeal of Florida · decided 1978-11-01

Cited by 2 later decisions — most recently July 1987

2 state decisions

Key passage — most relied on by later courts

“(b) Attorney's Fees. A motion for attorney's fees may be served not later than the time for service of the reply brief and shall state the grounds upon which recovery is sought. The assessment of attorney's fees may be remanded to the lower tribunal. If attorney's fees are assessed by the court, the lower tribunal may enforce payment.”

quoted by 1 later decision, including 511 So. 2d 975 - Salley v. City of St. Petersburg

Good law ✅— No negative treatment on recordhow we know

Decided 1978-11-01

View the full empirical analysis of this case →

¶1OPINION ON MOTION

PER CURIAM.

¶2Petitioners filed their Petition for Writ of Certiorari. A motion to dismiss the petition was filed which we determined to be moot, as we did an additional motion to dismiss. They were moot because we did not issue an order to show cause under Florida Rules *1155of Appellate Procedure 9.100(f) and of course declined to issue the writ. Respondent then filed a “Request for Attorney’s Fees” which failed to comply with Florida Rules of Appellate Procedure 9.400(b) because it did not “state the grounds upon which recovery is sought.” For that reason we must deny the request. We add however that the rules provide the procedure by which one seeks a writ of certiorari and how one defends against the issuance of the writ. It is clear that a motion to dismiss for lack of jurisdiction is unnecessary. If we have no jurisdiction then that can be raised by the respondent if we issue the order to show cause. Florida Rules of Appellate Procedure 9.100(f).

¶3Request for attorneys fees DENIED.

DOWNEY, C. J., and DAUKSCH and LETTS, JJ., concur.
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