Supreme Court of Florida
Gulliver Academy, Inc. v. Bodek
February 6, 1997694 So. 2d 675
Summary
The Supreme Court of Florida held that the 30‑day filing deadline for a motion for attorney fees under Fla. Stat. §768.79(6) (and the analogous §45.061(2)) is procedural, not jurisdictional, and may be extended under Florida Rule of Civil Procedure 1.090(b). A reservation of jurisdiction in a final judgment made within the 30‑day period constitutes such an enlargement, allowing a late‑filed motion without showing excusable neglect. The Court quashed the lower court’s decision and remanded for further proceedings consistent with this analysis.