Have Legal Questions? Ask a Lawyer Now.
When your case is fully resolved, the judge will enter a final orderThank you for the answer, so if i understand you correctly, we will have an evidentiary hearing on the issue of determining the amount of the fees of my opponent's lawyer, taxable to me, and the judge will issue an order that will set the amount of the fees, That order will be considered as final and it is the one I can appeal. Correct ?.The order granting the attorney fees is part of the final order, as far as i am concerned, that is the 2nd Amended FJ,
It was issued in June I appealed in a timely fashion.My wife, however, was taxed after Plaintiff's counsel filed a motion for attorney's fees, which occurred just before the 2nd Amd FJ.
However, from your question, you said there is no final orderSorry, Lucy, I realize that I haven't expressed the issue correctly.There is a final judgment, and I must have written incorrectly in my amended notice of appeal that the order denying the motion to strike that was issued AFTER the FJ, that order was non-final ?Should I not re-amend my Notice and change the word non-final with "final" based on a scrivener's errortitle="Cry"/>?
ADDENDUM TO JOINT NOTICE OF APPEAL
NOTICE IS GIVEN that Defendant/Appellant, hereby adds the following order of the lower court to their join-notice of appeal to the Fourth District Court of Appeal:
-ORDER DENYING DEFENDANTS MOTION TO STRIKE WITNESS AND ALLOWING THE OBJECTIONS TO BE CONSIDERED AS TO THE WEIGHT AND CREDIBILITY OF THE WITNESS TESTIMONY The nature of the order was a non-final order.
Thank you, XXXXX XXXXX already went through this and I did list all the orders on my first Notice, this was an addendum becuase the above order came after i filed my Notice of Appeal
=============Should I then file an amendment to the addendum in reply to the Court orderAppellant... scrivener error ... etc... hereby amends his addendum ... in the following way:"A 2nd Amdd FJ was issued on June ..., to which the order is related, therefore the order is final.
Objection to the Motion to StrikeYou mean an objection to the order denying the Motion to Strike ?
The order suggested that the other party asked to strike your Amended Notice of AppealActually the order does not mention that, it's signed by the Clerk, probably making sure things are in conformity.If the other party has filed a motion to strike, I would have been served and notified, wouldn't I ?
Thank yo Lucy, so the caption here is "Response TO COURT ORDER etc..." and I will indicate it's a scrivener error and explain that it's liinked to FJ etc... in a few words
BTW, quick question, rule 1.090(e) of the lower court is also valid at the DCA ? It gives 5 extra days for orders issued and notified by mail . is there a similar rule at the DCA ?