MACCHITELLI
v.
GAFFNEY, BAUMANN, ET AL
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A trial court's finding of entitlement to attorney's fees and costs is not reviewable on certiorari when the court has not set the amount of fees and costs.
[1] A trial court's finding that a party is entitled to attorney's fees and costs is not reviewable on certiorari when the trial court has not set the amount of the fees and…
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Join FLexlaw to unlock all legal intelligenceAttorney James Macchitelli sought certiorari review of a postjudgment sanctions order rendered by the trial court on June 25, 2025. Macchitelli challe…
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DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
JAMES J. MACCHITELLI, Petitioner,
V.
TERESA MARIE GAFFNEY; PHILLIP A. BAUMAN, administrator ad litem of the Estate of John J. Gaffney, deceased; and MICHAEL RYAN KANGAS, successor administrator ad litem of the Estate of John J. Gaffney, deceased,
Respondents.
No. 2D2025-1735
September 18, 2026
Petition for Writ of Certiorari to the Circuit Court for Hillsborough County; James M. Barton, II, Senior Judge.
James J. Macchitelli, pro se.
Michael Ryan Kangas, pro se.
No appearance by remaining Respondents.
BLACK, Judge.
Attorney James Macchitelli seeks certiorari review of the postjudgment sanctions order rendered June 25, 2025. We treat this certiorari proceeding as a direct appeal. See Fla. R. App. P. 9.040(c); cf.
Graham v. Graham, 898 So. 2d 210, 211 (Fla. 2d DCA 2005); Delgado v. Hearn, 805 So. 2d 1017, 1017 (Fla. 2d DCA 2001). To the extent that Mr. Macchitelli challenges the trial court's finding of entitlement to attorney's fees and costs, we dismiss for lack of jurisdiction because the trial court did not set the amount. See SP Healthcare Holdings, LLC v. Surgery Ctr. Holdings, LLC, 208 So. 3d 775, 781-82 (Fla. 2d DCA 2016). The sanctions order is otherwise affirmed.
Affirmed in part; dismissed in part.
KELLY and GUARD, JJ., Concur.
Opinion subject to revision prior to official publication.
2
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Zenen D. Delgado v. Tama P. Hearn, 805 So. 2d 1017 (Fla. 2d DCA 2001)
- SP Healthcare Holdings, LLC v. Surgery Ctr. Holdings, LLC, 208 So. 3d 775 (Fla. 2d DCA 2016)
- Graham v. Graham, 898 So. 2d 210 (Fla. 2d DCA 2005)