Garcia v. in re Valladares

Full title: Maria Garcia, Appellant, v. In Re: Arthur Valladares, etc., Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Jun 22, 2011

No. 3D10-1538 (Fla. Dist. Ct. App. Jun. 22, 2011)

Opinion

No. 3D10-1538.

Opinion filed June 22, 2011.

An appeal from a non-final order from the Circuit Court for Monroe County, Tegan Slaton, Judge, Lower Tribunal No. MHK09-169.

Robert Goldman (Key West), for appellant.

Hugh J. Morgan (Key West), for appellee.

Before SUAREZ and LAGOA, JJ., and SCHWARTZ, Senior Judge.

PER CURIAM.

Appellant, Maria Garcia, appeals from a non-final order finding entitlement to costs and attorney fees, pursuant to section 744.331(7)(c), Florida Statutes (2010). Because the order, however, does not determine the amount of such fees or costs, the order is a non-final, non-appealable order. See De La Espriella, v. Costco Wholesale Corp., 970 So. 2d 836 (Fla. 3d DCA 2007); Lasco Enters., Inc. v. Kohlbrand, 819 So. 2d 821, 827 (Fla. 5th DCA 2002);Gonzalez Eng'g, Inc. v. Miami Pump Supply Co., 641 So. 2d 474 (Fla. 3d DCA 1994). Indeed, the order appealed reserves jurisdiction to determine the amount at a future hearing. We, therefore, dismiss the appeal for lack of jurisdiction.

Appeal dismissed.

Not final until disposition of timely filed motion for rehearing.