litigation of the main claim (Florida) · Go Syfert
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litigation of the main claim in Florida

13 Florida opinions name it 2 courts 1990–2024 1 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Finkelstein v. North Broward Hosp. Dist.green
fla · 1986 · cited in 12 Florida opinions naming this issue, 1991–2024
2 sentences

2007The Florida Supreme Court rejected that argument in Finkelstein v. North Broward Hospital District, 484 So.2d 1241 (Fla. 1986): [A] post-judgment motion for attorney's fees raises a "collateral and independent claim" which the trial court has continuing jurisdiction to entertain within a reasonable time, notwithstanding that the litigation of the main claim may have been concluded with finality.

1998Indeed, in the ease of Finkelstein v. North Broward Hospital District, 484 So.2d 1241 (Fla.1986), the Florida Supreme Court, in a medical malpractice case, adopted the reasoning and holding of the United States Supreme Court in White v. New Hampshire Department of Employment Security, 455 U.S. 445 , 102 S.Ct. 1162 , 71 L.Ed.2d 325 (1982) and concluded that a post-judgment motion for attorney fees raises a “collateral and continuing independent claim” which the trial court had jurisdiction to entertain within a reasonable time, notwithstanding that the litigation of the main claim may have been

812
Rollet v. De Bizemontgreen
fladistctapp · 2015 · cited in 1 Florida opinions naming this issue, 2024–2024
1 sentence

2024On the other hand, “[w]here the hearing at issue is non-evidentiary and consists only of legal argument, the failure to provide a transcript is not necessarily fatal to appellate review.” Rollet v. de Bizemont, 159 So. 3d 351, 357 (Fla. 3d DCA which the trial court has continuing jurisdiction to entertain within a reasonable time, notwithstanding that the litigation of the main claim may have been concluded with finality.” Finkelstein v. N. Broward Hosp.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
White v. New Hampshire Department of Employment Security green
scotus · 1982
2 sentences

1998Indeed, in the ease of Finkelstein v. North Broward Hospital District, 484 So.2d 1241 (Fla.1986), the Florida Supreme Court, in a medical malpractice case, adopted the reasoning and holding of the United States Supreme Court in White v. New Hampshire Department of Employment Security, 455 U.S. 445 , 102 S.Ct. 1162 , 71 L.Ed.2d 325 (1982) and concluded that a post-judgment motion for attorney fees raises a “collateral and continuing independent claim” which the trial court had jurisdiction to entertain within a reasonable time, notwithstanding that the litigation of the main claim may have been

1998Indeed, in the ease of Finkelstein v. North Broward Hospital District, 484 So.2d 1241 (Fla.1986), the Florida Supreme Court, in a medical malpractice case, adopted the reasoning and holding of the United States Supreme Court in White v. New Hampshire Department of Employment Security, 455 U.S. 445 , 102 S.Ct. 1162 , 71 L.Ed.2d 325 (1982) and concluded that a post-judgment motion for attorney fees raises a “collateral and continuing independent claim” which the trial court had jurisdiction to entertain within a reasonable time, notwithstanding that the litigation of the main claim may have been

31995–1998
Cheek v. McGowan Elec. Supply Co. green
fla · 1987
2 sentences

1991In Cheek v. McGowan Electric Supply Co., 511 So.2d 977 (Fla. 1987), we addressed the question of a party's entitlement to attorney's fees under a promissory note where no proof of the amount of attorney's fees was made prior to final judgment.

1990In Cheek v. McGowan Electric Supply Co., 511 So.2d 977 (Fla. 1987), the holder of a promissory note pled his entitlement to attorney's fees in an action for recovery pursuant to the note.

21990–1991

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