MICHAEL S. MUIR
v.
MICHAEL BOYD, STEVE NORMAND, JANE MURPHY, AND GARY BRUNO
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The court held that the appeal of the earlier dismissal order was untimely and the challenge to attorney fees was premature, but affirmed the order enforcing the settlement agreement.
[1] An appeal challenging an earlier dismissal order is dismissed for lack of jurisdiction when the appellant fails to timely appeal that earlier order.
[2] An order determining entitlement to attorney fees, without setting the amount, is not an appealable order and is therefore premature to appeal.
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Join FLexlaw to unlock all legal intelligence“Because Appellant failed to timely appeal the earlier order granting Lawnwood's motion to enforce settlement, we do not have jurisdiction to review that earlier order in the instant appeal.”
Establishes that an appellant cannot use a subsequent appeal as a vehicle to challenge an earlier final order that was not timely appealed.
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Join FLexlaw to unlock all legal intelligenceMichael S. Muir appealed an order enforcing a settlement agreement. He also sought to challenge an earlier dismissal order and a ruling on attorney fe…
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SIXTH DISTRICT COURT OF APPEAL STATE OF FLORIDA
Case No. 6D2025-1538 Lower Tribunal No. 2024-CA-000486
MICHAEL S. MUIR, Appellant,
V.
MICHAEL BOYD, STEVE NORMAND, JANE MURPHY, and GARY BRUNO, Appellees.
Appeal from the Circuit Court for Lee County. James Shenko, Judge.
March 27, 2026
WOZNIAK, J.
Michael S. Muir, pro se, appeals an order enforcing a settlement agreement. To the extent Muir is using this appeal as a vehicle to challenge an earlier dismissal order, we dismiss because Muir did not timely appeal that final order. See Rhiner v. Lawnwood Reg'l Med. Ctr., 414 So. 3d 173, 175 (Fla. 4th DCA 2025) (“Appellant is actually attempting to use this appeal as a vehicle for challenging the earlier order granting Lawnwood's motion to enforce settlement. [B]ecause Appellant failed to timely appeal the earlier order granting Lawnwood's motion to enforce settlement,
we do not have jurisdiction to review that earlier order in the instant appeal."). Additionally, to the extent Muir is challenging the trial court's ruling that attorney fees may be sought from Muir should he not comply with the enforcement order, we dismiss that portion of the appeal as premature. See Lopez-Cortes v. Am. Fam. Life Assurance Co. of Columbus, 398 So. 3d 597, 598 (Fla. 6th DCA 2024) ("To the extent Appellants seek to appeal the portion of the trial court's order finding Aflac and Weber were entitled to their attorneys' fees and costs . . . we dismiss that portion of the appeal for lack of jurisdiction because orders determining entitlement, without setting the amount, are not appealable orders." (first citing Williams v. Williams, 386 So. 3d 250 (Fla. 5th DCA 2024); and then citing Valente v. Raissi, 343 So. 3d 640, 643 (Fla. 2d DCA 2022))). As to the order enforcing the settlement agreement, we affirm.
DISMISSED in part; AFFIRMED in part.
MIZE and BROWNLEE, JJ., concur. Michael S. Muir, Cape Coral, pro se.
Edgardo Ferreyra, of Luks, Santaniello, Petrillo, Cohen & Peterfriend, Miami, for Appellees.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF TIMELY FILED
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Citator
Cited By
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Muir v. Boyd (Fla. 6th DCA 2026)…appeals an order enforcing a settlement agreement. To the extent Muir is using this appeal as a vehicle to challenge an earlier dismissal order, we dismiss because Muir did not timely appeal that final order. See Rhiner v. Lawnwood Reg'l Med. Ctr., 414 So. 3d 173, 175 (Fla. 4th DCA 2025) (“Appellant is actually attempting to use this appeal as a vehicle for challenging the earlier order granting Lawnwood's motion to enforce settlement. [B]ecause Appellant failed to timely appeal the earlier order granting La…1 / 3
Authorities Cited
- Muir v. Boyd (Fla. 6th DCA 2026)