MARIA GARCIA, APPELLANT,
v.
IN RE ARTHUR VALLADARES, ETC., APPELLEE

Fla. 3d DCA | 2011-06-22
No. 3D10-1538
Before SUAREZ and LAGOA, JJ., and SCHWARTZ, Senior Judge.
99 So. 3d 518 Florida District Court of Appeal, Third District (2011) Positive Treatment
Cited by 14 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant, Maria Garcia, appeals from a non-final order finding entitlement to costs and attorney fees, pursuant to section 744.331(7)(c), Florida Statutes (2010). Because the order, however, does not determine the amount of such fees or costs, the order is a non-final, non-appealable order. See De La Espriella, v. Costco Wholesale Corp., 970 So.2d 836 (Fla. 3d DCA 2007); Lasco Enters., Inc. v. Kohlbrand, 819 So.2d 821, 827 (Fla. 5th DCA 2002); Gonzalez Eng’g, Inc. v. Miami Pump & Supply Co., 641 So.2d 474 (Fla. 3d DCA 1994). Indeed, the order appealed reserves jurisdiction to determine the amount at a future hearing. We, therefore, dismiss the appeal for lack of jurisdiction.

Appeal dismissed.

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  • Yampol v. Turnberry Isle S. Condo Assoc., 250 So. 3d 835 (Fla. 3d DCA 2018)
  • SP Healthcare Holdings, LLC v. Surgery Ctr. Holdings, LLC, 208 So. 3d 775 (Fla. 2d DCA 2016)
    …s appeal this order, but an order that only determines entitlement -to attorney’s fees and does not set the amount is a nonfinal and nonappealable order. Salem v. Abram, [*782] 868 So. 2d 1213, 1214 (Fla. 2d DCA 2004); see also Garcia v. Valladares, 99 So. 3d 518, 518 (Fla. 3d DCA 2011) (“Appellant, Maria Garcia, appeals from a [nonfinal] order finding entitlement to costs and attorney-fees .... Because the order, however, does not determine the amount of such fees or costs, the order is a [nonfinal], [nonap…
  • Altman v. Brown, 365 So. 3d 1232 (Fla. 3d DCA 2023)
    …eeks review of the trial court’s determination that the plaintiffs are entitled to attorney’s fees. An order which merely determines the right to attorney’s fees without setting the amount is a nonfinal, non-appealable order. Garcia v. Valladares, 99 So. 3d 518 (Fla. 3d DCA 2011). To the extent Altman seeks review of that portion of the order directing her to deposit money into the trust income account within sixty days, we exercise our discretion to treat the appeal as a petition for writ of certiorari,…

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