ALBERT B. JOHNSTON, III
v.
TANYA JOHNSTON
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A trial court's determination of entitlement to attorney's fees without specifying the amount is not a final, reviewable judgment on that issue.
[1] A trial court's determination that a party has entitlement to attorney's fees without specifying the amount in the final judgment does not constitute a final, appealable…
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Join FLexlaw to unlock all legal intelligence“the court only determined entitlement but did not determine the amount of attorney's fees in the final judgment. Accordingly, we lack jurisdiction to review that portion of the final judgment.”
Court's explanation for dismissing the attorney's fees issue
Albert B. Johnston, III appealed a final judgment dissolving his marriage to Tanya Johnston. The trial court determined that Former Wife had need and …
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
ALBERT B. JOHNSTON, III,
Appellant,
v. Case No. 5D18-2458
TANYA JOHNSTON,
Appellee.
________________________________/
Opinion filed September 13, 2019
Appeal from the Circuit Court for Flagler County,
R. Lee Smith, Judge.
Elizabeth C. King, Rice Law Firm, P.A., Daytona Beach, for Appellant.
Douglas A. Kneller and Therese Misita Truelove, of IFloridaDivorce.com, LLC, Daytona Beach, for Appellee.
PER CURIAM.
We affirm without comment the final judgment dissolving the marriage of Albert B. Johnston, III (“Former Husband”) and Tanya Johnston (“Former Wife”) with one exception. The trial court determined Former Wife has the need and Former Husband has the ability to pay a portion of Former Wife’s attorney’s fees. However, the court only determined entitlement but did not determine the amount of attorney’s fees in the final
2 judgment. Accordingly, we lack jurisdiction to review that portion of the final judgment. See McGee v. McGee, 264 So. 3d 1087, 1089 (Fla. 1st DCA 2019).
AFFIRMED in part and DISMISSED in part.
EVANDER, C.J., ORFINGER and EDWARDS, JJ., concur.
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Citator
Cited By
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Cummings v. Cummings (Fla. 5th DCA 2022)
Authorities Cited
- McGee v. Angeline E. McGee, 264 So. 3d 1087 (Fla. 1st DCA 2019)