Opinion
No. 2D11–311.
2012-04-26
Marilyn Martinez TORRES, Juilo Malagon, et al., Appellant/Petitioner(s), v. PEACHTREE CASUALTY INSURANCE CO., et al., Appellee/Respondent(s).
BY ORDER OF THE COURT.
Appellants seek review of an order that denied their motion for attorney's fees under section 57.105, Florida Statutes (2009). But the order also contemplated a hearing to determine the amount of fees that had previously been awarded to these same parties. Thus, the order on its face is not a final order. “Generally, the test employed by the appellate court to determine finality of an order ... is whether the order in question constitutes an end to the judicial labor in the cause, and nothing further remains to be done by the court to effectuate a termination of the cause as between the parties directly affected.” S.L.T. Warehouse Co. v. Webb, 304 So.2d 97, 99 (Fla. 2d DCA 1974).
Accordingly, we dismiss the appeal for lack of jurisdiction. We note that the Appellee has conceded that the Appellants are entitled to an evidentiary hearing on their request for fees under section 57 .105. The circuit court may reconsider this issue.
Appellants' motion for attorney's fees and costs is denied.