COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, APPELLANT,
v.
THOMAS C. CURRY, APPELLEE
COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, APPELLANT,
THOMAS C. CURRY, APPELLEE
166 So. 3d 967
Florida District Court of Appeal, Second District (2015)
Positive Treatment
Cited by 5 cases
Opinion of the Court
We dismiss for lack of jurisdiction Collier County’s challenge to the trial court’s award of attorney’s fees to Thomas C. Curry. The trial court’s ruling on attorney’s fees determined entitlement but reserved jurisdiction to determine the amount. Thus, we lack jurisdiction to review this issue. See McIlveen v. McIlveen, 644 So.2d 612, 612 (Fla. 2d DCA 1994) (holding “an order which only determines the right to attorney’s fees without setting the amount is a nonappealable, nonfinal order”). In all other respects, we affirm the final summary judgment.
Affirmed in part; dismissed in part.
NORTHCUTT and BLACK, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
NEW DAY Miami, LLC v. Beach Developers, LLC, 225 So. 3d 372 (Fla. 3d DCA 2017)…by virtue of rule 9.130(a)(4).7 Indeed, rule 9.130(a)(4) generally prohibits appellate review of orders on motions for rehearing of final orders separately from appellate review of the underlying final order. Ricardo v. Wells Fargo Bank Nat’l Ass’n, 166 So. 3d 967, 968 (Fla. 3d DCA 2015); Christ v. Christ, 103 So. 3d 1056, 1057 (Fla. 1st DCA 2013); Bastida v. Vitaver, 590 So. 2d 1092, 1092-93 (Fla. 3d DCA 1991). But rule 9.130(a)(4)’s “separate review” prohibition is not absolute; a careful reading of the re…
-
Jockey Club Condo. Apts., Inc. v. B.V.K., LLC, 237 So. 3d 1118 (Fla. 3d DCA 2018)
-
Collier Cnty. v. Phillippi, 180 So. 3d 217 (Fla. 2d DCA 2015)…644 So. 2d 612, 612 (Fla. 2d DCA 1994) (“[A]n order which only determines the right to attorney’s fees without setting the amount is a nonap-pealable, nonfínal order.”). We affirm on all other issues raised in this appeal. See Collier Cty. v. Curry, 166 So. 3d 967 (Fla. 2d DCA 2015); cf. City of Miami v. Bus Benches Co., 174 So. 2d 49, 52-53 (Fla. 3d DCA 1965) (“A municipality is bound to recognize its contracts, the same as an individual and one, party, to a contract with a municipality, is entitled to the c…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- McILVEEN v. McILVEEN, 644 So. 2d 612 (Fla. 2d DCA 1994)