HAROLD R. E. JOHNSON, TRUSTEE OF KREJ IRREVOCABLE TRUST NUMBER 7
v.
CLICHE' PIANO BAR & POOL LOUNGE, LLC, ET AL
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An order that determines entitlement to attorney's fees under section 57.105 but does not set the amount is nonfinal and nonappealable.
[1] An order determining entitlement to attorney's fees under section 57.105, Florida Statutes, without setting the amount of the fees is nonfinal and nonappealable.
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Join FLexlaw to unlock all legal intelligence“[A]n order that only determines entitlement to attorney's fees and does not set the amount is a nonfinal and nonappealable order.”
Court citing SP Healthcare Holdings, LLC v. Surgery Ctr. Holdings, LLC, 208 So. 3d 775, 781 (Fla. 2d DCA 2016)
Harold R.E. Johnson, trustee of an irrevocable trust, appealed from a circuit court order in Pinellas County that granted a motion for attorney's fees…
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
HAROLD R.E. JOHNSON, TRUSTEE OF )
KREJ IRREVOCABLE TRUST
) NUMBER 7, ) ) Appellant, ) ) v. ) Case No. 2D19-616 ) CLICHÉ PIANO BAR & POOL ) LOUNGE, LLC, a Florida limited liability ) company, STATE OF FLORIDA )
DEPARTMENT OF BUSINESS AND
) PROFESSIONAL REGULATION, )
DIVISION OF ALCOHLIC BEVERAGES
)
AND TOBACCO, STATE OF FLORIDA
) DEPARTMENT OF REVENUE, ) PROVANTAGE GROUP, LLC, a Florida ) limited liability company, ) ) Appellees. ) ) Opinion filed February 7, 2020. Appeal from the Circuit Court for Pinellas County; Keith Meyer, Judge. Thomas C. Little of Thomas C. Little, P.A., Clearwater, for Appellant. Marc R. Tiller, Tampa, for Appellee Provantage Group, LLC, a Florida
limited liability company. No appearance for remaining Appellees.
PER CURIAM.
We dismiss the portion of this appeal wherein appellant challenges the portion of the order granting appellee's motion for attorneys' fees pursuant to section 57.105, Florida Statutes (2018), as that portion of the order is nonfinal and nonappealable. SP Healthcare Holdings, LLC v. Surgery Ctr. Holdings, LLC, 208 So. 3d 775, 781 (Fla. 2d DCA 2016) ("[A]n order that only determines entitlement to attorney's fees and does not set the amount is a nonfinal and nonappealable order." (citing Salem v. Abram, 868 So. 2d 1213, 1214 (Fla. 2d DCA 2004))); see also I.O.M. Co. v. Equity Res., Inc., 77 So. 3d 1265, 1265 (Fla. 2d DCA 2012) (applying this concept to award of section 57.105 fees); Kusterer v. Kusterer, 933 So. 2d 542, 550 (Fla. 1st DCA 2006) (same); Boyce v. Cluett, 672 So. 2d 858, 860 (Fla. 4th DCA 1996) (same); Gonzalez Eng'g, Inc. v. Miami Pump & Supply Co., 641 So. 2d 474, 474 (Fla. 3d DCA 1994) (same); Adlow, Inc. v. Mauda, Inc., 632 So. 2d 714, 714-15 (Fla. 5th DCA 1994) (same). We affirm the remainder of the two orders on appeal without further comment. Affirmed in part; dismissed in part. NORTHCUTT, LaROSE, and MORRIS, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Gonzalez Eng'g, Inc. v. Miami Pump & Supply Co., Inc., 641 So. 2d 474 (Fla. 3d DCA 1994)
- Adlow, Inc. v. Mauda, Inc., 632 So. 2d 714 (Fla. 5th DCA 1994)
- Jocelyn Boyce v. Cluett, 672 So. 2d 858 (Fla. 4th DCA 1996)
- State v. Rifice, 868 So. 2d 1213 (Fla. 4th DCA 2004)
- Timmons v. State, 933 So. 2d 542 (Fla. 1st DCA 2005)