Opinion
No. 3D12–261.
2012-11-15
LOW KEY LIMITED, INC., Atlantic Davits and Boat Lifts, Inc., and Richard Haight, Appellants/Cross–Appellees, v. James W. ANNESSER, Diane M. Annesser, John W. Annesser, Atlantic Boatlifts, LLC, and Deep Sea Holdings, LLC, Appellees/Cross–Appellants.
An Appeal from the Circuit Court for Monroe County, Sandra Taylor, Senior Judge. Nicholas W. Mulick, Tavernier, for appellants/cross-appellees. Patricia M. Silver, Islamorada, for appellees/cross-appellants.
An Appeal from the Circuit Court for Monroe County, Sandra Taylor, Senior Judge.
Nicholas W. Mulick, Tavernier, for appellants/cross-appellees. Patricia M. Silver, Islamorada, for appellees/cross-appellants.
Before SHEPHERD, SUAREZ and SALTER, JJ.
PER CURIAM.
Low Key Limited, Inc., Atlantic Davits & Boatlifts, Inc., and Richard Haight appeal an adverse final judgment entered following a jury trial. As to the appeal regarding the jury's verdict and final judgment relating to liability and damages, we find no error and thus affirm the final judgment in those respects.
As to the portion of the final judgment determining that the parties are entitled to attorney's fees and costs but reserving jurisdiction to set the amount of the fees, we dismiss the appeal and cross-appeal of that issue in case number 3D12–261 as a non-final determination not yet ripe for appellate review. E.g., Rhodes v. Newport Bldg. & Constr., Inc., 86 So.3d 1245, 1247 (Fla. 2d DCA 2012) (“Because the order determines that [the appellee] is entitled to fees but does not determine the amount, it is a nonfinal order not yet ripe for appellate review.” (citing Allstate Ins. Co. v. Jenkins, 32 So.3d 163, 165 (Fla. 5th DCA 2010))).
A subsequent order awarding attorney's fees and costs is the subject of a separate and later appeal by Low Key Limited, Inc., case number 3D12–1320. That appeal was stayed pending disposition of this case.
Affirmed in part and dismissed in part.