Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Litigation
Attorneys' Fees
Attorneys' fees will not be awarded in a matrimonial action where a party fails to seek the fees in any pleading or motion and does not make the request until after final judgment is entered. Mook v. Mook, Case Nos. 2D02-4718, 2D03-1092, Court of Appeal of Florida, Second District, March 26, 2004.
The husband filed a petition for a divorce in December, 2002 and did not seek attorneys' fees or costs. The wife filed a counter-petition that sought, inter alia, attorneys' fees and costs. The husband then filed an amended petition that again did not seek attorneys' fees or costs. As the litigation continued, the husband never moved to amend his pleadings to seek attorneys' fees or costs. After the trial and final judgment was entered, the court reserved its jurisdiction to award attorneys' fees. At this time, the husband served a motion seeking attorneys' fees and costs. The trial court awarded each side attorneys' fees that resulted in a net judgment to the husband of $4922. The wife appealed, and the appellate court reversed. It held that the husband was not entitled to attorneys' fees because a claim for fees must be pled. Pleading attorneys' fees is fundamental to provide notice to the other side, and failure to plead constitutes a waiver. It further held that the husband's request for attorneys' fees after the final judgment was entered was untimely.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.