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Phillips v. Ennis

District Court of Appeal of Florida, Fourth District
Jun 8, 2005
902 So. 2d 976 (Fla. Dist. Ct. App. 2005)

Opinion

No. 4D04-3431.

June 8, 2005.

Appeal of a non-final order from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Barry E. Goldstein, Judge; L.T. Case No. 98-20743 CA11.

Richard A. Sherman, Sr., of Richard A. Sherman, P.A., Fort Lauderdale, and Gordon J. Evans of Gordon J. Evans, P.A., Coral Gables, for appellant Herb Phillips, an individual.

A.P. Walter, Jr., of A.P. Walter, Jr., P.A., Coral Gables, and Michael R. Seward of Michael R. Seward, P.A., Miami, for appellants Eric Petosa, Michael Petosa, and Petosa Bros., Inc.

Nancy Little Hoffmann of Nancy Little Hoffman, P.A., Pompano Beach, and Jack P. Lamarr of Jack P. Lamarr, P.A., Fort Lauderdale, for appellees.


This is a purported appeal from an order of the trial court which set aside an earlier agreed order granting prevailing parties' attorney's fees. Because the agreed order granting attorney's fees did not establish amount, it was a non-final, non-appealable order. See Winkelman v. Toll, 632 So.2d 130 (Fla. 4th DCA 1994). Therefore, the motion to set aside the order was in fact a motion for re-consideration directed at an interlocutory order, and the trial court's order setting aside the agreed order, although styled as an order granting relief under Rule 1.540(b), was itself an interlocutory order, for which appellant has shown no jurisdictional basis for review. See Dawkins, Inc. v. Huff, 836 So.2d 1062, 1065 (Fla. 5th DCA 2003) (interlocutory orders are not within the restrictions provided in Rule 1.540 and such orders remain within the inherent power of the trial court to modify or set aside during the progress of the case prior to final judgment). For the foregoing reasons, we dismiss this appeal for lack of jurisdiction. See Winkelman. Dismissed.

STEVENSON, SHAHOOD and GROSS, JJ., concur.


Summaries of

Phillips v. Ennis

District Court of Appeal of Florida, Fourth District
Jun 8, 2005
902 So. 2d 976 (Fla. Dist. Ct. App. 2005)
Case details for

Phillips v. Ennis

Case Details

Full title:Herb PHILLIPS, an individual, Eric Petosa, Michael Petosa, and Petosa…

Court:District Court of Appeal of Florida, Fourth District

Date published: Jun 8, 2005

Citations

902 So. 2d 976 (Fla. Dist. Ct. App. 2005)