JB INVESTMENTS, INC., APPELLANT,
v.
JOHN B. KANE AND COMPANY, INC., EASY FROG ENTERPRISES, INC., AND GARY J. WILLIAMS AND CHERYL M. WILLIAMS, HIS WIFE, APPELLEES
NORTHCUTT, Judge.
JB Investments, Inc., raises two issues in this appeal. Its first point challenges the circuit court’s determination that a mortgage was null and void. We hold that the evidence was sufficient to support the court’s finding and affirm without further discussion. JB’s second point challenges the circuit court’s retention of jurisdiction to award Easy Frog Enterprises its costs and attorney’s fees. A ruling that only determines the right to attorney’s fees without setting the amount is nonfinal and nonappealable. McIlveen v. McIlveen, 644 So. 2d 612 (Fla. 2d DCA 1994). We therefore dismiss the portion of this appeal addressing that part of the judgment.
Affirmed in part, dismissed in part.
WHATLEY, A.C.J., and DANAHY, PAUL W., (Senior) Judge, Concur.
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Bloco, Inc. v. Porterfield OIL Co., Inc., 990 So. 2d 578 (Fla. 2d DCA 2008)…reserved on the question of fees, and such an order is not a final order for the purpose of appellate jurisdiction.” The parties do not dispute that Porterfield conceded this point, again, at oral argument. See JB Invs., Inc. v. John B. Kane & Co., 805 So. 2d 900 (Fla. 2d DCA 2001) (citing McIlveen v. McIlveen, 644 So. 2d 612 (Fla. 2d DCA 1994)) (reiterating that an order that only determines a right to attorney’s fees without setting the amount is a nonap-pealable, nonfinal order). In February [*580] 2007,…
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Pinellas Cnty. Sch. Bd. v. Suncam, Inc., 829 So. 2d 989 (Fla. 2d DCA 2002)…ding Suncam, Inc. attorney fees and costs was dismissed from this appeal as a nonfi-nal, nonappealable portion of the judgment and, therefore, that limited subject must again be addressed by the trial judge. See JB Invs., Inc. v. John B. Kane & Co., 805 So. 2d 900 (Fla. 2d DCA 2001). Affirmed and remanded for proceedings pursuant to this opinion. CASANUEVA and KELLY, JJ., Concur.…
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- McILVEEN v. McILVEEN, 644 So. 2d 612 (Fla. 2d DCA 1994)