DONALD H. SWEENEY
v.
DEBORAH G. SWEENEY
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An order determining entitlement to attorney's fees without specifying the amount is nonappealable and nonfinal.
[1] An order determining entitlement to attorney's fees without specifying the amount is a nonappealable, nonfinal order.
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Join FLexlaw to unlock all legal intelligence“An order that determines entitlement to attorney's fees without a determination of the amount is a nonappealable, nonfinal order.”
Court citing Wolf v. Wolf, 296 So. 3d 479, 489 (Fla. 2d DCA 2020)
Donald Sweeney appealed a circuit court order denying his modification of alimony and finding him in indirect civil contempt. The trial court also det…
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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
DONALD H. SWEENEY, ) ) Appellant, ) ) v. ) Case No. 2D18-4251 ) DEBORAH G. SWEENEY, ) ) Appellee. ) ) Opinion filed March 12, 2021. Appeal from the Circuit Court for Pinellas County; Frederick L. Pollack, Judge. Kelly A. Overfield and Ashley Brown of Ayers Overfield, and Crowe, Attorneys at Law, Tampa, (withdrew after briefing); Daniel H. Crowe of Law Offices of Daniel H. Crowe, P.A., (substituted as counsel of record), Tampa, for Appellant. Michael Buchholtz of The Law Office of Michael Buchholtz, Saint Petersburg, for Appellee.
PER CURIAM.
We affirm the amended final judgment denying modification of alimony and adjudicating Appellant in indirect civil contempt in all respects save one. The circuit
court's determination that Appellee was entitled to an award of attorney's fees, while reserving jurisdiction as to the amount, is not an issue we can review. See Wolf v. Wolf, 296 So. 3d 479, 489 (Fla. 2d DCA 2020) ("An order that determines entitlement to attorney's fees without a determination of the amount is a nonappealable, nonfinal order."); Lockett v. Lockett, 235 So. 3d 1003, 1006 (Fla. 2d DCA 2017); McIlveen v. McIlveen, 644 So. 2d 612, 612 (Fla. 2d DCA 1994). Accordingly, we dismiss the appeal as to that issue. Affirmed in part; dismissed in part. SILBERMAN, LUCAS, and ROTHSTEIN-YOUAKIM, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- McILVEEN v. McILVEEN, 644 So. 2d 612 (Fla. 2d DCA 1994)
- Avery v. Avery, 296 So. 3d 479 (Fla. 2d DCA 2021)
- Daniel v. State, 235 So. 3d 1003 (Fla. 2d DCA 2017)