JUAN A. LOPEZ-CORTES AND GENEVIEVE CAUTINO
v.
AMERICAN FAMILY LIFE ASSURANCE COMPANY OF COLUMBUS AND RANDY
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An order granting a motion to compel arbitration is appealable and reviewable for enforceability and severability of the arbitration provision, but an order determining entitlement to attorneys' fees without setting the amount is not a final appealable order.
[1] An order determining a party's entitlement to attorney's fees without specifying the amount is a nonfinal order that is not appealable.
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“An order finding entitlement to attorney's fees without setting the amount is a nonfinal, non-appealable order.”
Court citing Williams v. Williams, 386 So. 3d 250 (Fla. 5th DCA 2024), explaining why the attorneys' fees portion of the order is not appealable.
Lopez-Cortes and Cautino sued Aflac and Weber. Aflac and Weber moved to compel arbitration and sought attorneys' fees and costs for bringing the motio…
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SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
Case No. 6D2023-3522 Lower Tribunal No. 2019-CA-015564-O _____________________________
JUAN A. LOPEZ-CORTES and GENEVIEVE CAUTINO, Appellants, v. AMERICAN FAMILY LIFE ASSURANCE COMPANY OF COLUMBUS and RANDY WEBER, Appellees. _____________________________
Appeal pursuant to Fla. R. App. P. 9.130 from the Circuit Court for Orange County. Denise Kim Beamer, Judge.
December 13, 2024
WOZNIAK, J.
Appellants Juan A. Lopez-Cortes and Genevieve Cautino appeal the trial court’s “Order Granting Defendants’ Renewed Motion to Compel Arbitration, Dismiss or Stay Proceedings, and for Attorneys’ Fees and Costs,” rendered pursuant to a motion filed by Appellees American Family Life Assurance Company of Columbus (“Aflac”) and Randy Weber (“Weber”). Finding no error in the court’s
2
rulings concerning the enforceability and severability of the parties’ arbitration provision, we affirm that portion of the order compelling arbitration.1 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 for bringing the motion to compel arbitration, we dismiss that portion of the appeal for lack of jurisdiction because orders determining entitlement, without setting the amount, are not appealable orders. See, e.g., Williams v. Williams, 386 So. 3d 250 (Fla. 5th DCA 2024) (“An order finding entitlement to attorney’s fees without setting the amount is a nonfinal, non-appealable order.” (citation omitted)); Valente v. Raissi, 343 So. 3d 640, 643 (Fla. 2d DCA 2022) (“Because no amount of fees has been ascertained or awarded, we are without jurisdiction to provide appellate relief.”).2 AFFIRMED IN PART; DISMISSED IN PART.
SMITH and BROWNLEE, JJ., concur.
3
Scott L. Cagan, of GrayRobinson, P.A., Fort Lauderdale, for Appellants.
Dimitry Joffe, of Joffe Law P.C., New York, New York, Pro Hac Vice, for Appellants.
Christopher C. Marquardt, of Alston & Bird, LLP, Atlanta, Georgia, for Appellees.
Alexandra Garrison Barnett, of Alston & Bird, LLP, Atlanta, Georgia, Pro Hac Vice, for Appellees.