Friedman v. Grossman

490 So. 2d 1378 | Fla. Dist. Ct. App. | 1986

DOWNEY, Judge.

Petitioner seeks the issuance of a writ of prohibition to prevent the trial court from considering an award of attorney’s fees for a post judgment modification proceeding in which reservation of jurisdiction to award fees was not provided for. We find merit in the petition that compels us to issue the writ and prohibit the respondent judge from proceeding further on the question of attorney’s fees. Miraglia v. Geiger, 463 So.2d 448 (Fla. 4th DCA 1985). However, the question involving costs is another matter and jurisdiction need not be expressly retained in order to consider them.

HERSEY, C.J., and GUNTHER, J., concur.

Case Details

Case Name: Friedman v. Grossman

Court Name: District Court of Appeal of Florida

Date Published: Jul 16, 1986

Citation: 490 So. 2d 1378

Docket Number: No. 4-86-0979

Court Abbreviation: Fla. Dist. Ct. App.