JAMES TODD WAGNER, ET AL.
v.
WARREN MOSLER, ET AL.
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An order granting entitlement to attorney's fees but not determining the amount of fees or costs is a non-final, non-appealable order subject to dismissal for lack of jurisdiction.
[1] An order granting entitlement to attorney's fees but not determining the amount of fees or costs is a non-final, non-appealable order subject to dismissal for lack of jur…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“An order granting entitlement to attorney's fees but not determining the amount of fees or costs is a non-final, non-appealable order, and such an order is subject to dismissal for lack of jurisdiction.”
Court's reasoning for dismissing the cross-appeal regarding the 2023 sanctions order, citing Yampol v. Turnberry Isle S. Condo. Ass'n, 250 So. 3d 835, 837 (Fla. 3d DCA 2018).
Wagner and Supercar Engineering sued Mosler and Mosler Auto Care Center. The trial court granted directed verdict and judgment notwithstanding the ver…
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
JAMES TODD WAGNER and SUPERCAR ENGINEERING, INC., a Florida corporation, Appellants,
v.
WARREN MOSLER and MOSLER AUTO CARE CENTER, INC. (“MACC”), a Florida corporation, d/b/a MOSLER AUTOMOTIVE, Appellees.
No. 4D2024-1449
[January 21, 2026]
Appeal and cross-appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Luis Delgado, Judge; L.T. Case No. 502012CA023358.
Scott W. Zappolo of Zappolo Law, P.A., Palm Beach Gardens, for appellants.
Steven Weber of Weber Law, P.A., Miami, for appellees.
PER CURIAM.
Appellants James Todd Wagner and Supercar Engineering appeal a final judgment entered in favor of appellees Warren Mosler and Mosler Auto Care Center following the appellees’ motions for directed verdict and judgment notwithstanding the verdict on all counts. The appellees crossappeal two orders finding the appellants entitled to sanctions following the appellees’ discovery conduct. We affirm on all issues raised without further comment, except we dismiss the cross-appeal as it relates to the trial court’s 2023 order granting appellants’ motion for sanctions. This issue is not ripe for appellate review because the order merely granted entitlement to sanctions but did not determine an amount of fees and costs. Yampol v. Turnberry Isle S. Condo. Ass’n, 250 So. 3d 835, 837 (Fla. 3d DCA 2018) (“An order granting entitlement to attorney’s fees but not determining the amount of fees or costs is a non-final, non-appealable order, and such an order is subject to dismissal for lack of jurisdiction.”).
Affirmed in part; dismissed in part.
2
CIKLIN, LEVINE and SHAW, JJ., concur.
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Citator
Authorities Cited
- Yampol v. Turnberry Isle S. Condo Assoc., 250 So. 3d 835 (Fla. 3d DCA 2018)