HANLEY v. KAJAK, 647 So.2d 916 (Fla.App. 4 Dist. 1994)

MICHAEL HANLEY AND CONSTANCE HANLEY, APPELLANTS, v. ROBERT J. KAJAK, D/B/A BOBBY KAJAK PLUMBING, APPELLEE.

No. 94-3030.District Court of Appeal of Florida, Fourth District.
November 30, 1994.

Appeal from the Circuit Court, Palm Beach County, Moses Baker, Jr., J.

Barry Carothers, Kramer, Ali, Lambert Fleck, Juno Beach, for appellants.

Donald Kohl, West Palm Beach, for appellee.

ON MOTION TO RELINQUISH JURISDICTION
PER CURIAM.

The appellee has filed a motion to relinquish jurisdiction of this appeal from a final judgment so that the trial court can award attorney’s fees pursuant to a provision in the judgment reserving jurisdiction to award attorney’s fees. We join those courts which have concluded that the trial court retains jurisdiction to award attorney’s fees under these circumstances, and that relinquishment by the appellate court is unnecessary Casavan v. Land O’Lakes Realty, Inc. of Leesburg, 526 So.2d 215
(Fla. 5th DCA 1988); Bernstein v. Berrin, 516 So.2d 1042 (Fla. 2d DCA 1987); Bailey v. Bailey, 392 So.2d 49 (Fla. 3d DCA 1981). We therefore deny the motion to relinquish jurisdiction as moot.

POLEN, FARMER and KLEIN, JJ., concur.

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