ARTHUR B. AVERY, JR.
v.
PHYLLIS LOUISE AVERY

Fla. 2d DCA | 2021-01-15
No. 19-4323
296 So. 3d 479 Florida District Court of Appeal, Second District (2021) Positive Treatment
Cited by 9 cases

Opinion of the Court
Lucas

PER CURIAM. We affirm the final judgment of dissolution of marriage in all respects save one. The circuit court's determination that the appellee was entitled to an award of attorney's fees, while reserving jurisdiction as to the amount, is not an issue we can review. See Wolf v. Wolf, 296 So. 3d 479, 489 (Fla. 2d DCA 2020) ("An order that determines entitlement to attorney's fees without a determination of the amount is a nonappealable, nonfinal order."); Lockett v. Lockett, 235 So. 3d 1003, 1006 (Fla. 2d

- 2 - DCA 2017); McIlveen v. McIlveen, 644 So. 2d 612, 612 (Fla. 2d DCA 1994). Accordingly, we dismiss the appeal as to that issue. Affirmed in part; dismissed in part. CASANUEVA, LaROSE, and LUCAS, JJ., Concur.


Cases With Similar Vibessemantic neighbors from the corpus


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Cited By

  • Schmidt v. Schmidt, 319 So. 3d 65 (Fla. 4th DCA 2021)
    …ntitlement and reserved the determination of amount for a future day.”); Winkelman v. Toll, 632 So. 2d 130, 131 (Fla. 4th DCA 1994) (“[O]rders granting attorney’s fees without determining amount are not ripe for appellate review.”); Wolf v. Wolf, 296 So. 3d 479, 489 (Fla. 2d DCA 2020) (“An order that determines entitlement to attorney’s fees without a determination of the amount is a nonappealable, nonfinal order.”). Accordingly, we dismiss without prejudice the aspect of the order awarding attorney’s…
  • Avery v. Avery, 296 So. 3d 479 (Fla. 2d DCA 2021)
    …t of dissolution of marriage in all respects save one. The circuit court's determination that the appellee was entitled to an award of attorney's fees, while reserving jurisdiction as to the amount, is not an issue we can review. See Wolf v. Wolf, 296 So. 3d 479, 489 (Fla. 2d DCA 2020) ("An order that determines entitlement to attorney's fees without a determination of the amount is a nonappealable, nonfinal order."); Lockett v. Lockett, 235 So. 3d 1003, 1006 (Fla. 2d - 2 - DCA 2017); McIlveen v. McIlveen,…
  • Rocio Merlihan v. Skinner (Fla. 4th DCA 2024)
    …in civil contempt, a court must find that the person had the ability to comply with the previous court order and willfully refused to do so. See id. at 318 (quoting Harris v. Hampton, 70 So. 3d 747, 749 (Fla. 4th DCA 2011)); see also Wolf v. Wolf, 296 So. 3d 479, 485 (Fla. 2d DCA 2020). Additionally, an order which a person is accused of willfully violating must be clear and precise, and the person’s conduct must clearly violate the order. See Reder v. Miller, 102 So. 3d 742, 743 (Fla. 2d DCA 2012). The…

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