## Facts

- AmerUs Life Insurance Company obtained a nonjury final judgment against Michael H. Lait and his law firm for $125,867.57.
- The final judgment stated that Lait was liable for prejudgment interest, court costs, and attorney’s fees, but reserved determination of those amounts.
- About eight months later, AmerUs moved to amend the judgment to set the amounts of interest, fees, and costs, supported by affidavits.
- The trial court entered an amended final judgment awarding the requested amounts and later entered a second amended final judgment to correct clerical errors.
- Lait moved to vacate the amended judgments, arguing AmerUs failed to comply with Florida Rule of Civil Procedure 1.525’s requirement to serve a motion for fees and costs within 30 days after filing the judgment.
- The trial court vacated the amended judgments based on Rule 1.525 and prior precedent applying the 30-day deadline.
- The Fifth District Court of Appeal affirmed and certified conflict with a Third District decision holding Rule 1.525 inapplicable when entitlement is determined in the judgment and only the amount remains.

## Issues

1. Whether Florida Rule of Civil Procedure 1.525’s 30-day deadline applies when a final judgment already determines entitlement to attorney’s fees and costs but reserves jurisdiction to set the amount later.

## Decision

- The Florida Supreme Court quashed the Fifth District’s decision.
- The Court held that Rule 1.525’s 30-day deadline does not apply when the trial court has already determined entitlement to attorney’s fees and costs and has only reserved jurisdiction to determine the amount.
- The Court approved the approach allowing post-judgment proceedings to fix the amount of fees and costs when entitlement is established in the final judgment.

## Legal Principles

- Florida Rule of Civil Procedure 1.525 establishes a 30-day deadline for serving motions seeking a judgment taxing costs and/or attorney’s fees.
- The 30-day deadline is aimed at preventing prejudice and unfair surprise from late-asserted claims for fees or costs when entitlement has not yet been adjudicated.
- When a final judgment expressly determines entitlement to fees and costs and reserves only the calculation of the amount, Rule 1.525’s 30-day motion requirement is inapplicable.
- A post-judgment request that merely quantifies fees and costs already awarded by the judgment is not treated as a late claim for entitlement under Rule 1.525.

## Conclusion

The Florida Supreme Court held that Rule 1.525 does not bar a later request to set the amount of attorney’s fees and costs when the final judgment already adjudicates entitlement and reserves jurisdiction only to determine the amounts, and it quashed the decision that had applied the 30-day deadline to deny fees and costs.


AmerUs Life Ins. Co. v. Lait, 2 So. 3d 203 (Fla. 2009)