From Casetext: Smarter Legal Research

Garcia v. in re Valladares

District Court of Appeal of Florida, Third District
Jun 22, 2011
No. 3D10-1538 (Fla. Dist. Ct. App. Jun. 22, 2011)

Summary

holding that because the attorney's fees entitlement order "does not determine the amount of such fees or costs, the order is a non-final, non-appealable order"

Summary of this case from Orth v. Orth

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.


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.


Summaries of

Garcia v. in re Valladares

District Court of Appeal of Florida, Third District
Jun 22, 2011
No. 3D10-1538 (Fla. Dist. Ct. App. Jun. 22, 2011)

holding that because the attorney's fees entitlement order "does not determine the amount of such fees or costs, the order is a non-final, non-appealable order"

Summary of this case from Orth v. Orth

dismissing appeal for lack of jurisdiction where order appealed determined entitlement to costs and attorney's fees but reserved jurisdiction to determine the amount at a future hearing

Summary of this case from Vartumyan v. Bean
Case details for

Garcia v. in re Valladares

Case Details

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

Citations

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

Citing Cases

Yampol v. Turnberry Isle S. Condo. Ass'n, Inc.

An order granting entitlement to attorney's fees but not determining the amount of fees or costs is a…

Vartumyan v. Bean

However, this Court lacks jurisdiction to review that portion of Vartumyan's appeal contained in paragraph 7…