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568 So. 2d 989

Piazza v. Piazza

District Court of Appeal of Florida

Decided October 24, 1990

District Court of Appeal of Florida · decided 1990-10-24

Relies on 472 So. 2d 1145 - Florida Patient's Compensation Fund v. Rowe · 563 So. 2d 837 - Calhoun v. State Farm Mutual Automobile Insurance Co.

Decided 1990-10-24

PER CURIAM.

¶1We reverse the award of attorney’s fees and remand with direction that any award is to be for fees at the trial court level only, in light of our previous ruling upon the untimely motion for appellate attorney’s fees for the prior appeal. We denied that motion; the trial court therefore had no jurisdiction to award attorney's fees for that appeal.

¶2The trial court is further directed to condition any award upon the filing by appel-lee of a financial affidavit, as required by Florida Rule of Civil Procedure 1.611(a) which she did not file, as well as the opportunity of appellant for discovery and the expression by the trial court of specific findings as required by Florida Patient’s Compensation Fund v. Rowe, 472 So.2d 1145 (Fla.1985). See Seaton v. Seaton, 563 So.2d 837 (Fla. 4th DCA 1990).

LETTS, GLICKSTEIN and GUNTHER, JJ., concur.
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