Hollander v. Biscayne Cove, 546 So. 2d 739 (Fla. 3d DCA 1989). · Go Syfert
Search
Hollander v. Biscayne Cove, 546 So. 2d 739 (Fla. 3d DCA 1989). Cases Citing This Book View Copy Cite
2 citation events across 1 distinct court.
Bruce HOLLANDER
v.
BISCAYNE COVE, a Florida General Partnership, Biscayne Cove Southeastern, Inc., a Florida corporation, a General Partner, and Bedzow & Korn, P.A., as successor escrow agent
Nos. 88-2397, 88-1521.
District Court of Appeal of Florida, Third District.
Jun 6, 1989.
546 So. 2d 739
Bruce L. Hollander, in pro. per., Bedzow, Korn, Kan & Glaser and Richard N. Schermer and Jose I. Rojas, Miami, for appellees.
Baskin, Gersten, Nesbitt.
Cited by 1 opinion  |  Published
PER CURIAM.

Agreeing with the trial court that “[t]he Plaintiff breached the Agreement for Purchase and Sale with the Defendant, BISCAYNE COVE, and following Plaintiffs breach said Defendant was under no obligation to do anything further regarding the Contract for Purchase and Sale,” we affirm the final judgment.

We reverse, however, the trial court’s order denying Biscayne Cove attorney’s fees. “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,” Finkelstein v. North Broward Hosp. Dist., 484 So.2d 1241, 1243 (Fla.1986), notwithstanding the trial court’s failure to reserve jurisdiction to award fees, Finkelstein, and the requesting party’s failure to plead entitlement to them. Autorico, Inc. v. Government Employees Ins. Co., 398 So.2d 485 (Fla. 3d DCA 1981).

Affirmed in part, reversed in part; remanded to the trial court for a determination and award of appropriate attorney’s fees.