LOW KEY LIMITED, INC., ATLANTIC DAVITS AND BOAT LIFTS, INC., AND RICHARD HAIGHT, APPELLANTS/CROSS-APPELLEES,
v.
JAMES W. ANNESSER, DIANE M. ANNESSER, JOHN W. ANNESSER, ATLANTIC BOATLIFTS, LLC, AND DEEP SEA HOLDINGS, LLC, APPELLEES/CROSS-APPELLANTS
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The court affirmed the jury's verdict and final judgment on liability and damages, but dismissed the appeal concerning attorney's fees and costs as premature.
Appellants appealed an adverse final judgment entered after a jury trial, including a determination of entitlement to attorney's fees and costs.…
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Low Key Limited, Inc., Atlantic Davits & Boatlifts, Inc., and Richard Haight appeal an adverse final judgment entered following a jury trial. As to the appeal *36regarding the jury’s verdict and final judgment relating to liability and damages, we find no error and thus affirm the final judgment in those respects.
As to the portion of the final judgment determining that the parties are entitled to attorney’s fees and costs but reserving jurisdiction to set the amount of the fees, we dismiss the appeal and cross-appeal of that issue in case number 3D12-2611 as a non-final determination not yet ripe for appellate review. E.g., Rhodes v. Newport Bldg. & Constr., Inc., 86 So.3d 1245, 1247 (Fla. 2d DCA 2012) (“Because the order determines that [the appellee] is entitled to fees but does not determine the amount, it is a nonfinal order not yet ripe for appellate review.” (citing Allstate Ins. Co. v. Jenkins, 32 So.3d 163, 165 (Fla. 5th DCA 2010))).
Affirmed in part and dismissed in part.
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United Servs. Auto. Ass'n v. Velez, 305 So. 3d 682 (Fla. 3d DCA 2020)…82 (Fla. 3d DCA 2018) (“Because the order granting [Appellee’s] entitlement to attorney’s fees and costs . . . did not establish an amount, it was a non-final, non- appealable order that is not ripe for our review.”); Low Key Ltd., Inc. v. Annesser, 128 So. 3d 35 (Fla. 3d DCA 2012) (“Because the order determines that [the appellee] 5 This Court held this appeal in abeyance for over eight months to allow the parties to litigate and for the trial court to enter a final judgment determining the amount of attor…
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Dubois v. The Affiliati Network, Inc. (Fla. 3d DCA 2023)…t of the record has not been prepared . . . a judgment which is not fundamentally erroneous on its face must be affirmed.”). As to that portion of the appeal related to entitlement of attorney’s fees, we dismiss. See Low Key Ltd., Inc. v. Annesser, 128 So. 3d 35, 36 (Fla. 3d DCA 2012) (“As to the portion of the final judgment determining that the parties are entitled to attorney’s fees and costs but reserving jurisdiction to set the amount of the fees, we dismiss the appeal . . . as a non-final determinati…
Authorities Cited
- Allstate Ins. Co. v. Jenkins, 32 So. 3d 163 (Fla. 5th DCA 2010)
- Zofia Zak Rhodes and Rudy Rhodes v. Newport Bldg. & Constr., Inc., 86 So. 3d 1245 (Fla. 2d DCA 2012)