FLORIDA FARM BUREAU CASUALTY INSURANCE COMPANY, APPELLANT,
v.
DIANE FICHERA, APPELLEE
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Florida appellate court dismissed an appeal from an amended final judgment as not constituting a final or appealable non-final order, preserving the appellant's right to appeal once the trial court enters a final judgment on attorney's fees.
An amended final judgment that retains jurisdiction to determine attorney's fees at a later date is neither a final order nor an appealable non-final order.
[1] An amended final judgment that retains jurisdiction to determine the amount of attorney's fees at a later date is neither a final order subject to plenary appeal nor a no…
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Join FLexlaw to unlock all legal intelligenceThe trial court entered an amended final judgment on remand that modified the original judgment regarding a policy's one-year limitation provision and…
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PER CURIAM.
ON MOTION TO DISMISS
In Florida Farm Bureau Casualty Ins. Co. v. Fichera, 366 So. 2d 867 (Fla.4th DCA 1979), we reversed in part and affirmed in part a final judgment in this cause and remanded the cause for further proceedings. Upon remand the trial court entered what was styled an “Amended Final Judgment,” which for all intents and purposes tracked the original final judgment with two exceptions. First, the “Amended Final Judgment” changed the provision of the original judgment which was reversed having to do with the unconscionability of a one year limitation provision of the policy. Secondly, the “Amended Final Judgment” found appellee was entitled to an attorney’s fee and retained jurisdiction to determine the amount thereof at a later date.
Appellant has filed a plenary appeal from the so-called “Amended Final Judgment.” Although we previously denied appellee’s motion to dismiss this appeal for lack of jurisdiction, we now do so because on more mature reflection, with the records and briefs before us, we perceive that the order to be reviewed is not a final order subject to plenary appeal, nor is it a non-final order subject to interlocutory appeal pursuant to Florida Rule of Appellate Procedure 9.130(a)(3).
Accordingly, this appeal is dismissed without prejudice, of course, to appellant’s right to appeal from the final judgment awarding attorney’s fee, if and when such order is entered.
LETTS, C. J., and DOWNEY and HURLEY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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M.M. v. Fla. Dep't OF Child. & Families, 189 So. 3d 134 (Fla. 2016)…context of an employer/carrier appeal of an award of temporary total disability benefits, an order was non-final and non-appealable because the court had retained jurisdiction to determine attorney’s fees); Fla. Farm Bureau Cas. Ins. Co. v. Fichero, 385 So. 2d 183, 184 (Fla. 4th DCA 1980) (order finding that appellee was entitled to attorney’s fees and retaining jurisdiction to determine amount at a later date was not a final judgment subject to plenary appeal, nor a non-final order subject to interlocutory a…
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Grasland v. Taylor Woodrow Homes Ltd., 460 So. 2d 940 (Fla. 2d DCA 1984)…reserved jurisdiction to award attorney’s fees. Therefore, they argued that they had the right to raise all issues in their appeal from the May 2, 1984 judgment. Appellants rely primarily upon Florida Farm Bureau Casualty Insurance Co. v. Fichera, 385 So. 2d 183 (Fla. 4th DCA 1980), which seems to hold that a final judgment which reserves the right to set attorney’s fees is a nonfinal order and cannot be the subject of a plenary appeal. If so, the case would appear to conflict with that court’s earlier opin…
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The Travelers Indem. Co. v. Hutchins, 489 So. 2d 208 (Fla. 2d DCA 1986)…ing similar arguments in Grasland v. Taylor Woodrow Homes, Ltd., 460 So. 2d 940 (Fla. 2d DCA 1984), petition for review denied, 471 So. 2d 43 (Fla.1985), we said: Appellants rely primarily upon Florida Farm Bureau Casualty Insurance Co. v. Fichera, 385 So. 2d 183 (Fla. 4th DCA 1980), which seems to hold that a final judgment which reserves the right to set attorney’s fees is a nonfinal order and cannot be the subject of a plenary appeal. If so, the case would appear to conflict with that court’s earlier opin…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Fla. Farm Bureau Cas. Ins. Co. v. Fichera, 366 So. 2d 867 (Fla. 4th DCA 1979)