REID B. HUGHES, APPELLANT,
v.
PAMELA FUSCO AND JODY RIGDON, AS PERSONAL REPRESENTATIVES OF THE ESTATE OF DELACY RIGDON, APPELLEE
REID B. HUGHES, APPELLANT,
PAMELA FUSCO AND JODY RIGDON, AS PERSONAL REPRESENTATIVES OF THE ESTATE OF DELACY RIGDON, APPELLEE
717 So. 2d 1120
Florida District Court of Appeal, First District (1998)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
Because the trial court lacked jurisdiction to enter the order here appealed, we quash the order and remand for further proceedings.
MINER and WEBSTER, JJ., and SMITH, LARRY G., Senior Judge, concur.
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Caufield v. Gino Cantele and Armando Cantele, 745 So. 2d 431 (Fla. 5th DCA 1999)…appears to be that since the suit has ended in a non-appealable dismissal, the attorney’s fee award or denial is also unappealable. The Fifth District has apparently not directly ruled on this issue. See Cody v. Colonial Imaging Products & Service, 717 So. 2d 1120 (Fla. 5th DCA 1998). However, in Hatch v. Dance, 464 So. 2d 713 (Fla. 4th DCA 1985) and Department of Environmental Protection v. Gibbins, 696 So. 2d 888 (Fla. 5th DCA 1997), both courts assumed, without discussion, that it is proper to review by a…
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Ileana Morales v. Gilda Rosenberg, 919 So. 2d 476 (Fla. 3d DCA 2005)…its discretion, award attorney’s fees and other reasonable expenses to the other parties to the action who have been affected adversely by such actions. § 607.1431(4), Fla. Stat. (2004)(emphasis added). See Cody v. Colonial Imaging Prods. & Serv., 717 So. 2d 1120, 1121 (Fla. 5th DCA 1998)(awarding costs to a fellow shareholder upon the voluntary dismissal of a dissolution action). Similar equitable provisions are contained in sections 607.1434 and 607.1436. We remand this case for the trial court to enter th…
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Cody v. Colonial Imaging Prods. & Servs., 721 So. 2d 456 (Fla. 5th DCA 1998)…THOMPSON, Judge. The final judgment awarding attorney’s fees is reversed. See Cody v. Colonial Imaging Products & Service, 717 So. 2d 1120, 23 Fla. Law Weekly D2236 (Fla. 5th DCA 1998). REVERSED. GRIFFIN, C.J., and DAUKSCH, J., concur.…