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Pleading Requirements For Fees In Original Proceedings

November 1, 2013

The following article was originally published in the HCBA Magazine, The Lawyer, November 2013.

Florida Rule of Appellate Procedure 9.400(b) governs the procedure for seeking attorneys’ fees on appeal. It requires the party seeking fees to file a motion no later than the time for filing a reply brief. There is no rule that expressly states a different procedure for original proceedings, such as petitions for writ of certiorari.

The Hillsborough County Bar Association Tampa, Florida | November 2013 | Vol. 24, No. 2