THERESA KNIGHT, F/K/A THERESA MASTRIANNI, APPELLANT,
v.
PHILIP MASTRIANNI, APPELLEE

Fla. 4th DCA | 1993-11-17
No. 93-1778
GUNTHER, STONE and PARIENTE, JJ., concur.
626 So. 2d 338 Florida District Court of Appeal, Fourth District (1993) Positive Treatment
Cited by 16 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the trial court’s order denying appellant’s motion to set aside an April 26, 1983 order concerning visitation, and the order granting the writ of ne exeat. We decline review of the order granting attorney’s fees since it does not fix the amount of the fee awarded. Thus, the issue of attorney’s fees is not ripe for appellate review. Hurtado v. Hurtado, 407 So. 2d 627 (Fla. 4th DCA1981); Vanderslice v. Vanderslice, 396 So. 2d 1185 (Fla. 4th DCA1981).

GUNTHER, STONE and PARIENTE, JJ., concur.


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  • Winkelman v. Toll, 632 So. 2d 130 (Fla. 4th DCA 1994)
    …ment order determining appellee’s entitlement to attorney’s fees without determining the amount. We have held in other cases that orders granting attorney’s fees without determining amount are not ripe for appellate review. See Knight v. Mastrianni, 626 So. 2d 338 (Fla. 4th DCA 1993); Scutti v. Daniel E. Adache & Associates Architects, P.A., 480 So. 2d 718 (Fla. 4th DCA 1986); Hurtado v. Hurtado, 407 So. 2d 627 (Fla. 4th DCA 1981); Vanderslice v. Vanderslice, 396 So. 2d 1185 (Fla. 4th DCA 1981). Appellant ci…
  • First Union Nat'l Bank v. Turney, 824 So. 2d 172 (Fla. 1st DCA 2001)
    …lorida Evidence § 502.5, at 315 (Ed.2001). This analogy breaks down, however, when the interests of the beneficiaries diverge from the interests of the trustee. See Cone v. Culverhouse, 687 So. 2d 888, 892-93 (Fla. 2d DCA 1997); Paskoski v. Johnson, 626 So. 2d 338, 339 (Fla. 4th DCA 1993). . Section 737.303, Florida Statutes (1987) ("Duty to inform and account to beneficiaries”), requires a trustee to honor a beneficiary's "reasonable” request for information concerning "the particulars relating to administr…
  • First Union Nat'l Bank OF Fla. v. Whitener, 715 So. 2d 979 (Fla. 5th DCA 1998)
    …est, and therefore retained William Cooper for legal advice. Therefore, it appears that Cooper’s true client was the trustee, not the beneficiary.. See Barnett Banks Trust Co., N.A. v. Compson, 629 So. 2d 849 (Fla. 2d DCA 1993); Paskoski v. Johnson, 626 So. 2d 338 (Fla. 4th DCA 1993); In re Estate of Gory, 570 So. 2d 1381 (Fla. 4th DCA 1990). Factual questions in these types of cases are never easily resolved. Although it seems fairly clear that the trustee hired counsel because of the foreclosure proceeding…

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