Environs Palm Beach v. Donovan

Full title: ENVIRONS PALM BEACH, APPELLANT, v. FLORENCE P. DONOVAN, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Feb 21, 1978

361 So. 2d 718 (Fla. Dist. Ct. App. 1978)

Opinion

Nos. 77-148, 77-149.

February 21, 1978.

Consolidated appeals from Circuit Court, Palm Beach County; Howard H. Harrison, Acting Circuit Judge.

Richard B. Burk of Scott, Burk, Royce, Harris Loucks, P.A., Palm Beach, for appellant.

John L. Parker, Jr., Newberry, for appellee.

DAUKSCH, Judge.

Appealed is an order granting a motion to amend a final judgment. Because the motion was served more than ten days after the entry of the judgment, it was untimely. Fla.R.Civ.P. 1.530(g). The order amending the final judgment is reversed and the cause is remanded for the appellee to make application to the lower court for such attorneys' fees from appellant as are permitted under the law.

Reversed and remanded.

MOORE, J., concurs.

CROSS, J., concurs in part and dissents in part, with opinion.

CROSS, Judge, concurring in part, and dissenting in part:

I concur in the majority's conclusion to reverse the order amending the final judgment, and dissent as to remanding for further proceedings on attorneys' fees, which are inappropriate.