MAGNOLIA FLORIDA TAX CERTIFICATES, ET AL., APPELLANTS,
v.
ALEXA1, A FLORIDA GENERAL PARTNERSHIP, AND ALL SIMILARLY SITUATED FLORIDA GENERAL PARTNERSHIPS; MAGNOLIA TC 5, LLC; MAGNOLIA TC 14, LLC; MAGNOLIA TC 14 NSA, LLC; MAGNOLIA TC 15, LLC; AND MAGNOLIA TC 15 NSA, LLC, FLORIDA DEPARTMENT OF REVENUE; MARCUS SAIZ, AS MIAMI-DADE COUNTY TAX COLLECTOR; BROWARD COUNTY, FLORIDA; ET AL., APPELLEES
Appellants seek review of an Order on Miami-Dade County’s Motion for Fees and Costs. The order grants a motion for attorney’s fees and costs, determining entitlement to fees and costs, but providing that the amount of fees due is to be determined at a subsequent evidentiary hearing. The order is not a final order or an otherwise appealable non-final order. See e.g. Scullin v. City of Pensacola, 667 So.2d 215, 216 (Fla. 1st DCA 1995). Accordingly, appel-lees’ motion to dismiss the appeal for lack of jurisdiction is granted, and the appeal is hereby dismissed.
Appellants’ Motion for Summary Disposition is denied as unauthorized. Fla. R. App. P. 9.315(c).
RAY, WINOKUR, and JAY, JJ, CONCUR.
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Ness v. Martinez, 249 So. 3d 754 (Fla. 1st DCA 2018)…te court lacks jurisdiction to review an attorney’s fees award “until both the issues of entitlement and amount are ruled upon.” Allstate Ins. Co. v. Jenkins, 32 So. 3d 163, 165 (Fla 5th DCA 2010); see also Magnolia Fla. Tax Certificates v. Alexa1, 229 So. 3d 1288 (Fla. 1st DCA 2017). Here, the lower court reserved jurisdiction to determine Appellee’s request for attorney’s fees, but did not rule on the amount. Accordingly, we decline to consider the arguments regarding fees and costs. See Salem v. Abram,…
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Nationstar Mortg. LLC v. Lucimeire DeSouza, 343 So. 3d 1227 (Fla. 1st DCA 2022)…da courts, adhere to the rule that an attorneys’- fee judgment is final and appealable only when it resolves both entitlement and amount. See, e.g., Tyson v. Tyson, 310 So. 3d 1292, 1292 (Fla. 1st DCA 2021); Magnolia Fla. Tax Certificates v. Alexa1, 229 So. 3d 1288, 1288 (Fla. 1st DCA 2017). The judgment before us encompasses both issues; otherwise it would not be appealable, and neither party argues that it is not appealable. Entitlement in this case has always centered first on Mr. Fernandes’s status in the…
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Gilligan, Gooding, Batsel & Anderson, P.A. v. Condor Aerial, LLC (Fla. 1st DCA 2021)…rder determining entitlement was “not a final order or an otherwise appealable non-final order,” and Appellants could not appeal until the trial court entered an order determining the amount of fees due. See Magnolia Fla. Tax Certificates v. Alexa1, 229 So. 3d 1288 (Fla. 1st DCA 2017). No motion for reconsideration was needed to preserve Appellants’ arguments on appeal because they fully presented their objections to Appellee’s entitlement to fees and costs in their response to sanctions motion and during the…
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- Kelley v. Kelley, 667 So. 2d 215 (Fla. 1st DCA 1995)