ALVIN R. SANDERS, APPELLANT/CROSS-APPELLEE,

v.

ANTHONY PALMIERI AND ANITA PALMIERI, ET AL., APPELLEES/CROSS-APPELLANT

Citator

Cited By

• Mills v. Martinez, 909 So. 2d 340 (Fla. 5th DCA 2005)
  …included in the final judgment on damages. At least in regard to attorney’s fees, the order was non-final. An award of attorneys’ fees does not become final, and, therefore, appealable until the amount is set by the trial court. Sanders v. Palmieri, 849 So. 2d 417, 417 (Fla. 5th DCA 2003) (citing Montanez v. Montanez, 697 So. 2d 184 (Fla. 2d DCA 1997)). It is well settled that a judgment attains the degree of finality necessary to support an appeal when it adjudicates the merits of the cause and disposes of…
• Senator Alex Diaz de la Portilla v. Fla. Elections Comm'n, 857 So. 2d 913 (Fla. 3d DCA 2003)
  …gligent”). 2. Because this is a civil statute of a penal nature, any ambiguity in the substantive statute must be construed in favor of the defending party and against the Commission. See United Wisconsin Life Ins. Co. v. Office of Ins. Regulation, 849 So. 2d 417 (Fla. 1st DCA 2003), and cases cited therein. 3. We agree with the administrative law judge that the standard of proof in a case seeking fines under chapter 106 is clear and convincing evidence. See Dept. of Banking and Fin. v. Osborne Stern & Co.,…
• Fla. Organic Aquaculture, LLC v. Advent Env't Sys., LLC, 268 So. 3d 910 (Fla. 5th DCA 2019)
  …as to the issue of attorney’s fees. Mills v. Martinez, 909 So. 2d 340, 342 (Fla. 5th DCA 2005) (“An award of attorneys’ fees does not become final, and, therefore, appealable until the amount is set by the trial court.” (citing Sanders v. Palmieri, 849 So. 2d 417, 417 (Fla. 5th DCA 2003))). However, post-judgment orders denying attorney’s fees are final orders, unless it is clear from the order that the trial court did not intend to end its judicial labor. See Fabing v. Eaton, 941 So. 2d 415, 417–18 (Fla. 2d…

Authorities Cited

• Montanez v. Montanez, 697 So. 2d 184 (Fla. 2d DCA 1997)