Bodek v. Gulliver Academy, Inc., 95-38

Decision Date14 June 1995
Docket NumberNo. 95-38,95-38
Citation659 So.2d 354
Parties20 Fla. L. Weekly D1399 Ralph BODEK and Lorraine Bodek, as Parents and Natural Guardians of their minor son, Robert Bodek, on behalf of their minor son, Robert Bodek and themselves, individually, Appellants, v. GULLIVER ACADEMY, INC., Appellee.
CourtFlorida District Court of Appeals

Charles B. Patrick and James C. Blecke, for appellants.

Knecht & Knecht and Harold C. Knecht, Jr., for appellee.

Before NESBITT, GERSTEN and GODERICH, JJ.

PER CURIAM.

The plaintiffs below appeal from an order granting attorney's fees and costs, pursuant to Section 768.79, Florida Statutes, to the defendant, Gulliver Academy, Inc. [Gulliver]. We reverse.

Gulliver served an offer of judgment, pursuant to Section 768.79, Florida Statutes, on the plaintiffs. The plaintiffs rejected the offer. The case proceeded to trial, and the jury found in favor of Gulliver. On April 13, 1994, the plaintiffs filed a motion for new trial and/or for judgment notwithstanding the verdict. On April 19, 1994, the trial court entered final judgment in favor of Gulliver reserving jurisdiction to consider a motion on attorney's fees and costs. On June 8, 1994, Gulliver filed its motion for attorney's fees and costs, pursuant to Section 768.79. On October 31, 1994, the trial court denied the plaintiffs' motion for new trial and/or judgment notwithstanding the verdict. On November 2, 1994, the trial court granted Gulliver's motion for attorney's fees and costs. This appeal follows.

The plaintiffs contend that the trial court erred in granting Gulliver's motion for attorney's fees and costs pursuant to Section 768.79. We agree.

Section 768.79 requires that the motion for attorney's fees and costs be filed "within 30 days after the entry of judgment...." Sec. 768.79(6), Fla.Stat. (Supp.1990). In the instant case, the motion for attorney's fees and costs was filed on June 8, 1994, more than 30 days after judgment was entered on April 19, 1994. Because the motion below was untimely, we reverse the trial court's order granting Gulliver's motion for attorney's fees and costs. See Bosch v. Hajjar, 639 So.2d 1096 (Fla. 4th DCA 1994).

Since the above issue is dispositive, we do not address the remaining point raised by the plaintiffs.

Reversed.

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4 cases
  • Gulliver Academy, Inc. v. Bodek
    • United States
    • Florida Supreme Court
    • February 6, 1997
    ...and James C. Blecke of Deutsch & Blumberg, P.A., Miami, for Respondents. WELLS, Justice. We have for review Bodek v. Gulliver Academy, Inc., 659 So.2d 354 (Fla. 3d DCA 1995), which expressly and directly conflicts with the opinion in Gilbert v. K-Mart Corp., 664 So.2d 335 (Fla. 1st DCA 1995......
  • Fisher v. John Carter and Associates, Inc.
    • United States
    • Florida District Court of Appeals
    • January 7, 2004
    ...the entry of judgment regardless of whether the trial court reserved jurisdiction to award attorneys' fees. Bodek v. Gulliver Academy, Inc., 659 So.2d 354 (Fla. 3d DCA 1995). On the contrary, the first district interpreted the thirty-day time limit in section 45.061(2), Florida Statutes, as......
  • Bodek v. Gulliver Academy, Inc.
    • United States
    • Florida District Court of Appeals
    • December 10, 1997
    ...contentions that were not previously addressed by this Court. Gulliver Academy, Inc. v. Bodek, 694 So.2d 675 (Fla.1997), rev'g 659 So.2d 354 (Fla. 3d DCA 1995). In April 1993, Gulliver Academy, Inc. [Gulliver] served the plaintiffs with its Amended Offer of Judgment. The offer of judgment p......
  • Gulliver Academy, Inc. v. Bodek
    • United States
    • Florida Supreme Court
    • February 13, 1996

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