KENNETH R. MCGURN, APPELLANT,
v.
STEPHEN A. SCOTT, APPELLEE
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PER CURIAM.
Appellant, defendant below, appeals an order of the circuit court finding for the plaintiff after trial on the merits, awarding damages but reserving jurisdiction to award costs, attorneys fees and prejudgment interest. We sua sponte raised the question of our jurisdiction and, after consideration of a response by appellant, dismiss this appeal.
An order may be final despite the trial court’s reservation of jurisdiction to consider the questions of costs, Roberts v. Askew, 260 So. 2d 492 (Fla.1972), and attorney’s fees, Morand v. Stoneburner, 516 So. 2d 270 (Fla. 5th DCA 1987). Where prejudgment interest is an issue in the cause, however, an order must dispose of the question before it meets the requisite test of finality. Chipola Nurseries v. Division of Administration, State, Department of Transportation, 335 So. 2d 617 (Fla. 1st DCA 1976). Accordingly, we find that the order here presented for review is not final and we have no jurisdiction to review it and we dismiss the appeal. In so doing, we note apparent conflict between our decision and the result in City of Miami v. Bailey & Dawes, 453 So. 2d 187 (Fla. 3d DCA 1984).
APPEAL DISMISSED.
JOANOS, ZEHMER and ALLEN, JJ., concur.
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McGURN v. Scott, 596 So. 2d 1042 (Fla. 1992)…McDonald, justice. We review McGurn v. Scott, 573 So. 2d 414 (Fla. 1st DCA 1991), because of express and direct conflict with City of Miami v. Bailey & Dawes, 453 So. 2d 187 (Fla. 3d DCA 1984). We have jurisdiction pursuant to article V, section 3(b)(3) of the Florida Constitution. We approve in part and quas…
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E. Ave., LLC v. Insignia Bank, 136 So. 3d 659 (Fla. 2d DCA 2014)…ment that was final in all respects save for a reservation of jurisdiction to determine prejudgment interest. The First District dismissed the appeal for lack of jurisdiction because the judgment was not final for appellate purposes. McGum v. Scott, 573 So. 2d 414 (Fla. 1st DCA 1991). The supreme court acknowledged that the trial court could not enter a final damages judgment while reserving jurisdiction to adjudicate prejudgment interest. McGum, 596 So. 2d at 1044. But it disagreed with the First District’s…
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McGURN v. Scott, 626 So. 2d 321 (Fla. 1st DCA 1993)…of prejudgment interest is REVERSED. It should be noted that the award of costs made in the final order entered has not been challenged, and so the award of costs is not disturbed. BOOTH, SMITH and WEBSTER, JJ., concur. . See, McGurn v. Scott, 573 So. 2d 414 (Fla. 1st DCA 1991), affirmed in part, reversed in part, McGurn v. Scott, 596 So. 2d 1042 (Fla.1992).…
Authorities Cited
- Roberts v. Reubin O'D. Askew, 260 So. 2d 492 (Fla. 1972)
- Chipola Nurseries, Inc. v. Division OF Administration, 335 So. 2d 617 (Fla. 1st DCA 1976)
- Charles Morand, M.D. v. Stoneburner, 516 So. 2d 270 (Fla. 5th DCA 1987)
- Cont'l Ins. Co. v. Nunez, 516 So. 2d 270 (Fla. 3d DCA 1987)
- The City OF Miami v. Bailey & Dawes, 453 So. 2d 187 (Fla. 3d DCA 1984)