LANDON L. WILLIAMS, JR.
v.
WILLIAMS, WILLIAMS, SR., ET AL
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Landon Williams, Jr. appealed a trial court's order denying his petitions to invalidate his father's last will and testament. The appellate court affirmed the denial of the will challenges but dismissed portions of the appeal regarding attorney's fees and other issues lacking final rulings or appellate ripeness.
The trial court did not err in denying the petitions to invalidate the will and that order is affirmed. An order finding entitlement to attorney's fees without setting a specific amount is nonfinal and non-appealable. Issues not ruled upon by the trial court are not ripe for appellate review.
“An order finding entitlement to attorney's fees without setting the amount is a nonfinal, non-appealable order.”
Establishes the principle that dismissal is appropriate for the attorney's fees portion of the appeal
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Join FLexlaw to unlock all legal intelligenceLandon Williams, Jr. petitioned the trial court to invalidate the Last Will and Testament of Landon Williams, Sr. The trial court denied these petitio…
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HARRIS, J.
Appellant, Landon Williams, Jr., appeals the trial court’s Final Order Denying Petitions to Invalidate Last Will and Testament of Landon Williams, Sr. Finding no error, we affirm that order in all respects. Appellant also challenges the court’s finding of entitlement to attorney’s fees in favor of Appellee, Reginald L. Williams, Sr. The challenged order did not award any specific amount of fees, it merely reserved jurisdiction to do so. An order finding entitlement to attorney’s fees without setting the amount is a nonfinal, nonappealable order. Sitaram v. Alley, 325 So. 3d 919, 921 (Fla. 5th DCA 2020). We therefore dismiss this portion of the appeal for lack of jurisdiction.
Finally, Appellant challenges the trial court’s failure to remove the personal representative and failure to rule on his oral request for a mistrial. “Appellate courts may not decide issues that were not ruled on by a trial court in the first instance.” Sierra by Sierra v. Pub. Health Tr. of Dade Cnty., 661 So. 2d 1296, 1298 (Fla. 3d DCA 1995). Because these final two issues are not ripe for appellate review, we dismiss those portions of the appeal as well. AFFIRMED in part; DISMISSED in part. EDWARDS, C.J., and KILBANE, J., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Citator
Authorities Cited
- Sierra v. Pub. Health Tr. OF Dade Cnty., 661 So. 2d 1296 (Fla. 3d DCA 1995)
- Landon L. Williams, JR. v. Williams (Fla. 5th DCA 2024)