WRIGHT DOUGLAS v. MYLES (2019)

District Court of Appeal of Florida, Second District.

Kaydell WRIGHT-DOUGLAS, Appellant/Petitioner(s), v. IN RE: Guardianship of Inez MYLES, Appellee/Respondent(s). Appellee/Respondent(s).

CASE NO.: 2D19-1808

Decided: October 17, 2019

Appellee's motion to dismiss is granted, and this appeal is dismissed. Appellee's request for attorneys' fees contained in the motion to dismiss is denied. See, e.g., State. Dept. of Highway Safety & Motor Vehicles v. Trauth, 971 So. 2d 906, 908 (Fla. 3d DCA 2007) (“[R]ule 9.400 governs the procedure to be followed with respect to appellate entitlement to fees, but it is procedural rather than substantive. Therefore, rule 9.400 cannot be the basis for an award of attorneys' fees. An award of appellate attorneys' fees must be supported by a particular contractual, statutory, or other substantive basis.” (citations and internal quotation marks omitted)).

Appellant's motion for extension of time to file initial brief, motion for rehearing of an order, and motion for a stay are denied as moot.

BY ORDER OF THE COURT:

BLACK, SALARIO, and SMITH, JJ., Concur.

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