SUZANNA LEIPER
v.
EDWARD LEIPER

Fla. 4th DCA | 2021-10-20
No. 20-2167
Cornish, Haley, Hanson, King, Philbrook, Savage
331 So. 3d 233 Florida District Court of Appeal, Fourth District (2021) Positive Treatment
Cited by 2 cases

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Holding

An order determining entitlement to attorney's fees but not the amount is unripe for appellate review and must be dismissed as premature.


Headnotes

[1] A trial court's determination of entitlement to attorney's fees is not ripe for appellate review when the court fails to specify the amount of the award.

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Key Quotes

“An order that determines the entitlement but not the amount of attorney's fees is unripe for appellate review.”

Court's statement of law regarding when attorney's fee determinations may be appealed

Facts & Procedural History

The former wife appealed the trial court's amended supplemental final judgment in modification and enforcement proceedings. The trial court determined…

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Opinion of the Court

PER CURIAM. The former wife appeals the trial court’s amended supplemental final judgment which disposed of the modification and enforcement proceedings between the parties. We affirm, without opinion, all issues raised in the former wife’s appeal except the determination of entitlement to attorney’s fees. The trial court determined entitlement to attorney’s fees but did not ascertain the amount. An order that determines the entitlement but not the amount of attorney’s fees is unripe for appellate review. E.g., Fredrickson v. Fredrickson, 47 So. 3d 975, 975 (Fla. 4th DCA 2010); Weimer v. Weimer, 677 So. 2d 86, 88 (Fla. 4th DCA 1996). Thus, while we affirm all other issues raised in this appeal, we dismiss without prejudice the appeal of the trial court’s determination of entitlement to attorney’s fees as premature.

Affirmed in part; dismissed in part. WARNER, GERBER and ARTAU, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.


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Citator

Cited By

  • Mitch Frownfelter v. Frownfelter (Fla. 4th DCA 2022)
    …attorney’s fees but did not determine the amount of attorney’s fees to be awarded. Because the judgment did not determine the amount of attorney’s fees to be awarded, Former Wife’s argument is unripe for appellate review. See Leiper v. Leiper, 331 So. 3d 233, 233 (Fla. 4th DCA 2021) (holding that an order that determines entitlement to attorney’s fees, but not the amount is “unripe for appellate review”). Therefore, we dismiss without prejudice the appeal of this issue as premature. See id. Aff…
  • Mitch Frownfelter v. Frownfelter (Fla. 4th DCA 2022)
    …to attorney’s fees but did not determine the amount of attorney’s fees to be awarded. Because the judgment did not determine the amount of attorney’s fees to be awarded, Former Wife’s argument is unripe for appellate review. See Leiper v. Leiper, 331 So. 3d 233, 233 (Fla. 4th DCA 2021) (holding that an order that determines entitlement to attorney’s fees, but not the amount is “unripe for appellate review”). Therefore, we dismiss without prejudice the appeal of this issue as premature. See id. Affirmed…

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