A. J. S.
v.
E. E.
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A judgment awarding entitlement to attorney's fees but reserving the amount for later determination is not final and appealable.
[1] An order determining entitlement to attorney's fees but reserving jurisdiction to determine the amount is not a final, appealable order.
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Join FLexlaw to unlock all legal intelligence“We do not have jurisdiction to review an order that determines entitlement to attorney's fees but not the amount.”
Court explaining why it must dismiss the appeal regarding attorney's fees
A.J.S. appealed a final judgment of paternity and income withholding order for child support regarding his son M.A.S., as well as a challenge to an aw…
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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
A.J.S., ) ) Appellant, ) ) v. ) Case No. 2D18-1672 ) E.D.E., ) ) Appellee. ) ___________________________________) Opinion filed March 11, 2020. Appeal from the Circuit Court for Polk County; John Radabaugh, Judge. A.J.S., pro se. Wendy L. Fisher and J.W. Taylor of Taylor and Associates, Attorneys at Law, P.L., Winter Haven, for Appellee. SILBERMAN, Judge. A.J.S. appeals a final judgment of paternity and an income withholding order for child support regarding M.A.S., the son of A.J.S. and E.D.E. A.J.S. has not shown reversible error on the record before us regarding child support, the parenting plan, or the determination of paternity, and we affirm the final judgment and income withholding order on those issues without further discussion. As to the challenge to attorney's fees, the final judgment awards entitlement to fees to E.D.E. but reserves jurisdiction to determine the amount. We do not have jurisdiction to review an order that determines entitlement to attorney's fees but not the amount. See Wolf v. Wolf, 276 So. 3d 48, 49 (Fla. 2d DCA 2019); Card v. Card, 122 So. 3d 436, 437 (Fla. 2d DCA 2013). Therefore, we dismiss the appeal of the final judgment as a nonfinal, nonappealable order to the extent it awards entitlement to attorney's fees. See Card, 122 So. 3d at 437. Affirmed in part and dismissed in part. VILLANTI and BADALAMENTI, JJ., Concur.