Brewer v. Lago Villaggio Homeowners Association, Inc

Filing 21

ORDER denying without prejudice 18 Appellee Lago Villaggio Homeowners Association, Inc.'s Motion for Attorney's Fees on Appeal. Lago Villaggio may renew its motion if the appeal is resolved in its favor. Signed by Judge Sheri Polster Chappell on 7/20/2017. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
IN RE: CINDY BREWER

CINDY BREWER,
Appellant,
v.

Case No: 2:17-cv-94-FtM-38

LAGO VILLAGGIO HOMEOWNERS
ASSOCIATION, INC,
Appellee.
/
OPINION AND ORDER1
This matter comes before the Court on Appellee Lago Villaggio Homeowners
Association, Inc.’s Motion for Attorney’s Fees on Appeal. (Doc. 18). Appellant Cindy
Brewer has not filed a response, and the time to do so has expired. This matter thus is
ripe for review.
This is a pending bankruptcy appeal. Lago Villaggio moves for attorney’s fees now
“in an abundance of caution because none of the governing [bankruptcy] rules clearly
state when appellate-fee motions should be filed.”

(Doc. 18).

Lago Villaggio

acknowledges that it is risking prematurity over untimeliness. It also generally cites the

1

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difference between when to file a motion for attorney’s fees in federal versus state court
for non-bankruptcy appeals. (Doc. 18 at 2 (comparing 11th Cir. R. 39-2(a) with Fla. R.
App. P. 9.400(b)).
As the appeal has not yet been resolved, Lago Villaggio’s motion for attorney’s
fees is premature. The matter of attorney’s fees is best addressed after the appeal is
resolved. See F. Bankr. P. 7054 (referring to Fed. R. Civ. P. 54(d)(2)); see also Fed. R.
App. P. 6 (stating that an appeal from a final judgment in bankruptcy proceedings is taken
as any other civil appeal); 11th Cir. R. 39-2 (stating “an application for attorney’s fees
must be filed with the clerk within 14 days after entry of an order disposing of a timely
petition for rehearing or denying a timely petition for rehearing en banc, whichever is
later.”).
Accordingly, it is now
ORDERED:
Appellee Lago Villaggio Homeowners Association, Inc.’s Motion for Attorney’s
Fees on Appeal (Doc. 18) is DENIED without prejudice. Lago Villaggio may renew its
motion if the appeal is resolved in its favor.
DONE and ORDERED in Fort Myers, Florida this 20th day of July 2017.

Copies: All Parties of Record

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