Berg v. Scurry

Summary

The Florida Second District Court of Appeal held that the AmerUs exception to Florida Rule of Civil Procedure 1.525 did not apply because the final declaratory judgment did not specifically and unequivocally determine entitlement to attorneys' fees and costs. The court reversed and remanded for vacatur of the fee judgment, concluding that the appellee's failure to file a timely fee motion barred recovery.

Holdings

1. A judgment that merely identifies the prevailing party and reserves jurisdiction to consider an award of attorneys' fees and costs does not invoke the AmerUs exception unless it specifically and unequivocally determines entitlement to fees and costs and reserves jurisdiction only to determine the amount owed.
2. Because the final declaratory judgment did not expressly determine Scurry's entitlement to attorneys' fees and costs, Rule 1.525 required him to serve a motion within thirty days after the judgment was filed.

Questions Presented

1. Whether a final declaratory judgment that finds a party to be the prevailing party and reserves jurisdiction to consider an award of attorneys' fees and costs determines fee entitlement sufficiently to invoke the AmerUs exception to Florida Rule of Civil Procedure 1.525.
2. Whether the appellee's failure to serve a motion for attorneys' fees and costs within thirty days of the final judgment required reversal of the subsequent fees-and-costs judgment.

Disposition

reversed_and_remanded