Opinion
Case No. 5D02-1940.
Opinion filed July 11, 2003.
Non-Final Appeal from the Circuit Court for Brevard County, George W. Maxwell III, Judge.
Frederic Stanley, Jr., Stanley, Dehlinger Rascher, P.A., Altamonte Springs, for Appellant/Cross-Appellee.
Kimberly Bonder Rezanka and Dean Mead, Viera, for Appellees/Cross-Appellant.
Michael J. Roper and Ernest H. Kohlmyer, III, Bell Leeper Roper, P.A., Orlando, for Appellee/Cross-Appellant, Brevard County Board of Commissioners.
The final order that is the subject of this appeal is affirmed. The cross-appeal concerning attorneys' fees, however, is dismissed for lack of jurisdiction. While the trial court has entered an order determining entitlement to attorneys' fees, it has not yet fixed the amount to be awarded. As an award of attorneys' fees does not become final, and, therefore, appealable until the amount is set by the trial court, the cross-appeal does not invoke this court's jurisdiction. See Montanez v. Montanez, 697 So.2d 184 (Fla. 2d DCA 1997).
AFFIRMED. CROSS-APPEAL DISMISSED.
PETERSON, ORFINGER and MONACO, JJ., concur.