Summary
holding that order granting party entitlement to attorney's fees but not fixing the amount was not ripe for appellate review
Summary of this case from Custom Remodeling & Drywall Corp. v. Florida Workers' Compensation Jua, Inc.Opinion
No. 94-1412.
August 17, 1994.
Petition for review from the Circuit Court, Dade County, Martin Greenbaum, J.
Richard F. Joyce, III, and Allan R. Rossmore, Miami, for appellant.
Lenard Gorman, Miami, for appellee.
Before SCHWARTZ, C.J., and NESBITT and COPE, JJ.
The appellant seeks review, purportedly pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iv), of a post-final judgment order which determined that the appellee was entitled to attorney's fees under section 57.105, Florida Statutes (1993), against the appellant, but did not fix the amount. We dismiss the appeal for lack of jurisdiction.
In reaching this determination, we agree with and follow the fourth district's analysis in Winkelman v. Toll, 632 So.2d 130 (Fla. 4th DCA 1994), which fully discusses and resolves the present issue adversely to the appealability of such an order. Accord Southern Management Inv. Corp. v. Escandar, 529 So.2d 355 (Fla. 3d DCA 1988); Hobbs v. Hobbs, 518 So.2d 439 (Fla. 1st DCA 1988); see also Avis Rent A Car Sys., Inc. v. Newman, 641 So.2d 915 (Fla. 3d DCA 1994); Adlow, Inc. v. Mauda, Inc., 632 So.2d 714 (Fla. 5th DCA 1994). Although there is language to the contrary in Blattman v. Williams Island Associates, Ltd., 592 So.2d 269 (Fla. 3d DCA 1991), upon which the appellant relies, it is apparent that, since the appeal was in fact dismissed as untimely, the statement in question is no more than dictum. Because it contains no underlying reasoning and does not cite to our contrary, earlier opinion in Southern Management, it is unpersuasive dictum, at that.
Appeal dismissed.