DEPARTMENT OF HEALTH, BOARD OF MEDICINE, APPELLANT,
v.
LARRY DEE THOMAS, M.D., APPELLEE

Fla. 1st DCA | 2003-09-12
No. 1D03-2570
WEBSTER, DAVIS and BROWNING, JJ., concur.
854 So. 2d 259 Florida District Court of Appeal, First District (2003) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Having considered the appellant’s response to this Court’s order, dated July 24, 2003, in which the appellant concedes that the instant order granting petition for attorney’s fees and costs without setting the amount is a nonfinal nonappealable order, the appeal is hereby DISMISSED. See Winkelman v. Toll, 632 So. 2d 130 (FLA. 4th DCA 1994). This dismissal is without prejudice to appellant’s right to file a timely notice of appeal once a final order has been entered. All pending motions are denied as moot.

WEBSTER, DAVIS and BROWNING, JJ., concur.


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  • …Dictionary, 782 (8th Ed. 2004). The E/C’s counsel testified his clients paid all items listed in the attachment to the motion and his firm was required to personally guarantee the services of all vendors. In Spinelli v. National Health Care Center, 854 So. 2d 259 (Fla. 1st DCA 2003), we suggested a verified petition itemizing costs might constitute adequate documentation to support an award of costs in a workers’ compensation proceeding. We cannot imagine what [*746] additional information the E/C could have…
  • Nixon v. BMLRW, LLLP, 107 So. 3d 564 (Fla. 1st DCA 2013)
    …PER CURIAM. Appellee’s Motion to Dismiss, filed January 17, 2013, is granted, and the appeal is dismissed for lack of jurisdiction. See, e.g., Winkelman v. Toll, 632 So. 2d 130 (Fla. 4th DCA 1994); Dep’t of Health, Bd. of Medicine v. Thomas, 854 So. 2d 259 (Fla. 1st DCA 2003). ROBERTS, WETHERELL, and MARSTILLER, JJ., concur.…
  • …t portion of the final judgment, finding that an award of attorney’s fees against appellant is appropriate and reserving jurisdiction to determine the amount of fees, is not properly before this court. See Dep’t of Health, Bd. of Medicine v. Thomas, 854 So. 2d 259 (Fla. 1st DCA 2003). KAHN, WEBSTER, and POLSTON, JJ., concur.…

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