SOUTHERN MANAGEMENT AND INVESTMENT CORPORATION, A FLORIDA CORPORATION, APPELLANT,
v.
RAFAEL ESCANDAR, APPELLEE
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PER CURIAM.
Appellee seeks dismissal of an appeal from an order denying rehearing of an order granting attorney’s fees and reserving jurisdiction to determine the amount to be awarded. Because the order granting fees does not decide the amount, it is not a final order, see City of Tampa v. Fein, 438 So. 2d 442 (Fla. 1st DCA 1983); the notice of appeal is therefore premature. See Hobbs v. Hobbs, 518 So. 2d 439, 441 (Fla. 1st DCA 1988) (appeal of order reserving “jurisdiction to determine the amount of the award of attorney’s fees and costs to the Wife” is premature) (emphasis supplied); Fein. However, the appeal is not subject to dismissal. Fein, 438 So. 2d at 443 (citing Williams v. State, 324 So. 2d 74, 79 (Fla.1975)). Subsequent to the entry of the trial court’s decision as to the amount of attorney’s fees, the proceeding in this court shall continue as prescribed in Florida Rule of Appellate Procedure 9.130(a)(4).
Denied and remanded.
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Winkelman v. Toll, 632 So. 2d 130 (Fla. 4th DCA 1994)…), which authorizes appeals of orders which determine “the issue of liability in favor of a party seeking affirmative relief.” Another opinion of that court, however, appears to be to the contrary. See Southern Management and Inv. Corp. v. Escandar, 529 So. 2d 355 (Fla. 3d DCA 1988). In Travelers Insurance Company v. Bruns, 443 So. 2d 959 (Fla.1984), the issue before the Florida Supreme Court was whether a summary judgment determining that an insurer provided coverage for an accident was an order determining…
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Gonzalez Eng'g, Inc. v. Miami Pump & Supply Co., Inc., 641 So. 2d 474 (Fla. 3d DCA 1994)…ollow the fourth district’s analysis in Winkelman v. Toll, 632 So. 2d 130 (Fla. 4th DCA 1994), which fully discusses and resolves the present issue adversely to the appealability of such an order. Accord Southern Management & Inv. Corp. v. Escandar, 529 So. 2d 355 (Fla. 3d DCA 1988); Hobbs v. Hobbs, 518 So. 2d 439 (Fla. 1st DCA 1988); see also Avis Rent A Car Sys., Inc. v. Newman, 641 So. 2d 915 (Fla. 3d DCA 1994); Adlow, Inc. v. Mauda, Inc., 632 So. 2d 714 (Fla. 5th DCA 1994). Although there is language to t…
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Easley v. Gibbons, 667 So. 2d 988 (Fla. 4th DCA 1996)…notice of appeal from the final judgment on the attorney’s fees entitlement issue and vested this court with jurisdiction under the principle of Williams v. State, 324 So. 2d 74, 79 (Fla.1975). See also Southern Management & Inv. Corp. v. Escandar, 529 So. 2d 355 (Fla. 3d DCA 1988). This is consistent with our decision in Velickovich v. Ricci, 391 So. 2d 258 (Fla. 4th DCA 1980), rev. denied, 402 So. 2d 614 (Fla. [*989] 1981), in which we determined that we had no jurisdiction to consider a later cost judgme…
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- Williams v. State, 324 So. 2d 74 (Fla. 1975)
- Hobbs v. Hobbs, 518 So. 2d 439 (Fla. 1st DCA 1988)
- City OF Tampa v. Fein, 438 So. 2d 442 (Fla. 1st DCA 1983)