Wednesday, May 27, 2009

Appeal Premature Where Jurisdiction to Determine Entitlement and Amount of Attorneys Fees Merely Reserved

In Freemon v. Velez (4D08-2585), the Fourth District held the appeal was premature, stating:
Because the final judgment merely reserved jurisdiction to determine entitlement to and the amount of attorney’s fees, appeal of this issue was premature. Although appellant explains that the trial court made that determination after the filing of the notice of appeal, “[t]his court cannot review judicial acts of a trial court taking place after the filing of a notice of appeal unless those judicial acts are themselves made the subject of a new notice of appeal or other appropriate appellate proceedings.”


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