STATE OF FLORIDA, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, ON BEHALF OF KATHERINE C. MCCARTHY, APPELLANTS,
v.
NELSON MCCARTHY, APPELLEE

Fla. 2d DCA | 1994-11-30
No. 93-02499
DANAHY, A.C.J., and QUINCE, J., concur.
645 So. 2d 1082 Florida District Court of Appeal, Second District (1994) Positive Treatment
Cited by 6 cases
Topics
Uniform Reciprocal Enforcement Of Support Act Attorney'S Fees Entitlement Non-Final Order

Explore caselaw by topic → Browse Uniform Reciprocal Enforcement Of Support Act cases and more on FLexlaw

Opinion of the Court
THREADGILL, Judge.

THREADGILL, Judge.

The appellants challenge a final order denying a petition to establish child support filed pursuant to the Uniform Reciprocal Enforcement of Support Act (URESA). We affirm the denial of the petition without comment.

The appellants also challenge the trial court’s determination that the appellee is entitled to have his attorney’s fees paid by the appellants with the amount to be set at a later date. However, this court has recently held that an order determining entitlement alone is a nonappealable, nonfinal order. See McIlveen v. McIlveen, 644 So. 2d 612 (Fla. 2d DCA 1994); see also Avis Rent A Car Systems, Inc. v. Newman, 641 So. 2d 915 (Fla. 3d DCA 1994). We therefore dismiss the appeal as to entitlement to attorney’s fees without prejudice to a subsequent appeal from a final order setting the amount of fees.

Affirmed in part; dismissed in part.

DANAHY, A.C.J., and QUINCE, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • David R. MAY Ad Litem of the Estate of Oscar T. Bradley v. Ill. Nat'l Ins. Co., 771 So. 2d 1143 (Fla. 2000)
    …te on any grounds including fraud, es-toppel or insufficient notice of the claim beyond two years following the death of the decedent.” See Estate of Johnson, 743 So. 2d at 88 (Nesbitt, J., dissenting and concurring); cf. In re Estate of Bartkowiak, 645 So. 2d 1082, 1083 (Fla. 3d DCA 1994) (determining that section 733.710 barred Sun Bank from filing a claim outside the two-year time period despite the fact that the personal representative of the estate failed to ascertain that Sun Bank was a creditor and fail…
  • Stoker v. Stoker, 742 So. 2d 357 (Fla. 2d DCA 1999)
    …held that an order merely establishing entitlement to attorney’s fees is a nonappealable, nonfinal order. See Ritter v. Ritter, 690 So. 2d 1372 (Fla. 2d DCA 1997); State, Dept. of Health and Rehabilitative Services on Behalf of McCarthy v. McCarthy, 645 So. 2d 1082 (Fla. 2d DCA 1994). Therefore, we dismiss this appeal without prejudice to appeal a subsequent final order setting the amount of attorney’s fees. Dismissed. THREADGILL, A.C.J., and GREEN and STRINGER, JJ, Concur.…
  • Baptist Hosp. OF Miami, Inc. v. Carter, 658 So. 2d 560 (Fla. 3d DCA 1995)
    …0. The clarity and specificity of those changes leave us with no doubt that their effect was to render a caveat irrelevant to the 733.710 limitations period and thus to negate the holdings in Gomez and Lord. As we said in In re Estate of Bartkowiak, 645 So. 2d 1082 (Fla. 3d DCA 1994): Under the pre-1989 statute, the estate’s liability in any cause of action was cut off after three years whether or not letters of administration were taken out, notice was given to creditors or claims were filed against the esta…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw