Wednesday, October 10, 2012

Appeal Of Order Only Determining Entitlement to Fees Is Premature

In Low Key Limited Inc., et al v. Annsser, et al (3D12-261), the Third District affirmed the trial court affirmed the trial court and dismissed the appeal to the extent it related to the trial court's order finding entitlement to attorneys fees but deferring a ruling on the amount.
As to the portion of the final judgment determining that the parties are entitled to attorney’s fees and costs but reserving jurisdiction to set the amount of the fees, we dismiss the appeal and cross-appeal of that issue in case number 3D12-2611 as a non-final determination not yet ripe for appellate review.  E.g., Rhodes v. Newport Bldg. & Constr., Inc., 86 So. 3d 1245, 1247 (Fla. 2d DCA 2012) (“Because the order determines that [the appellee] is entitled to fees but does not determine the amount, it is a nonfinal order not yet ripe for appellate review.” (citing Allstate Ins. Co. v. Jenkins, 32 So. 3d 163, 165 (Fla. 5th DCA 2010))).


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