EMILY RAONA NUNEZ
v.
BRANDON RAONA

Fla. 5th DCA | 2022-12-30
No. 22-1268
300 So. 3d 781 Florida District Court of Appeal, Fifth District (2022) Positive Treatment
Cited by 2 cases

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Holding

A trial court's nonfinal order denying a motion to continue is reviewed as a petition for writ of certiorari, and a nonfinal order awarding attorney's fees that does not quantify the amount is not reviewable for lack of jurisdiction.


Headnotes

[1] An appellate court lacks jurisdiction to review a trial court's order awarding attorney's fees when the order does not specify or quantify the amount of the award.

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Facts & Procedural History

Emily Raona Nunez appealed nonfinal orders from a family law proceeding in which the trial court denied her motion to continue a hearing on her former…

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Opinion of the Court

PER CURIAM.

Emily Raona Nunez appeals the trial court’s nonfinal orders: 1) denying her motion to continue the hearing on former husband’s motions to temporarily modify the parties’ parenting plan; 2) granting former husband’s motions for temporary modification; and 3) awarding former husband his attorney’s fees. We treat Nunez’s appeal of the trial court’s nonfinal order denying her motion to continue as a petition for writ of certiorari and deny it. See Fla. R. App. P. 9.040(c). We affirm the trial court’s order granting temporary modification without further comment. Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979). Finally, because the trial court’s order awarding former husband his attorney’s fees does not quantify that award, we are without jurisdiction to review that aspect of the order. See, e.g., Burns v. Houk, 300 So. 3d 781, 782 (Fla. 5th DCA 2020). We therefore dismiss this portion of Nunez’s appeal.

AFFIRMED, in part; DENIED, in part; and DISMISSED, in part. COHEN, TRAVER and NARDELLA, JJ., concur.


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Citator

Cited By

  • Nunez v. Raona, 300 So. 3d 781 (Fla. 5th DCA 2022)
    …lahassee, 377 So. 2d 1150, 1152 (Fla. 1979). Finally, because the trial court’s order awarding former husband his attorney’s fees does not quantify that award, we are without jurisdiction to review that aspect of the order. See, e.g., Burns v. Houk, 300 So. 3d 781, 782 (Fla. 5th DCA 2020). We therefore dismiss this portion of Nunez’s appeal. AFFIRMED, in part; DENIED, in part; and DISMISSED, in part. COHEN, TRAVER and NARDELLA, JJ., concur. -2-…
  • …. The sanctions portion of the order is not included in rule 9.130’s schedule of reviewable nonfinal orders and is not final because further judicial labor is required to calculate and liquidate the amount of sanctions, if any. See Burns v. Houk, 300 So. 3d 781, 782 (Fla. 5th DCA 2020); Schweizer v. Schweizer, 281 So. 3d 531, 531 (Fla. 1st DCA 2019); Torres v. Lefler, 257 So. 3d 1095, 1096 (Fla. 2d DCA 2018); Nathanson v. Rishyko, . . . . (7) A violation of this section constitutes irreparable harm for…

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