AUTOQUOTES (FLORIDA), INC.
v.
SUSANNAH ALBRIGHT, AN INDIVIDUAL

Fla. 5th DCA | 2023-06-16
No. 23-0105
Florida District Court of Appeal, Fifth District (2023)

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Holding

An award of attorney's fees is not final and appealable until the trial court determines the amount of the fees.


Headnotes

[1] An order granting a party's motion for attorney's fees as to entitlement but reserving jurisdiction to determine the amount is non-final and non-appealable.

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Key Quotes

“An award of attorneys' fees does not become final, and, therefore, appealable until the amount is set by the trial court.”

Court's statement of legal principle from Mills v. Martinez

Facts & Procedural History

Autoquotes appealed a trial court's omnibus attorney's fees and costs order that denied Autoquotes' motion for fees and costs while granting Albright'…

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Opinion of the Court

PER CURIAM.

Appellant appeals the trial court’s omnibus attorney’s fees and costs order,1 which denied its motion for attorney’s fees and costs and granted Appellee’s motion for attorney’s fees and costs as to entitlement only. We affirm the trial court’s denial of Appellant’s motion for attorney’s fees and costs without further discussion. To the extent Appellant’s appeal challenges Appellee’s entitlement to attorney’s fees, we dismiss for lack of jurisdiction. While the trial court granted Appellee’s motion as to the entitlement of her fees and costs, it retained jurisdiction to determine the amount of her fees and costs. This Court has held that “[a]n award of attorneys’ fees does not become final, and, therefore, appealable until the amount is set by the trial court.” Mills v. Martinez, 909 So. 2d 340, 342 (Fla. 5th DCA 2005). Therefore, the trial court’s order is non-final and non-appealable as it relates to the granting of Appellee’s motion. See also Lasco Enters., Inc. v. Kohlbrand, 819 So. 2d 821, 827 (Fla. 5th DCA 2002) (“An order which grants a party’s motion for cost[s] but reserves jurisdiction to determine the amount of costs is a non-final, non-appealable order which this court lacks jurisdiction

Footnotes
1 The trial court’s omnibus attorney’s fees and costs order was entered at the conclusion of litigation between Appellant and Appellee. Both parties have appealed parts of that litigation in case number 5D23-0063, which has traveled together with this case. to review.”). As a result, we dismiss this portion of the appeal for lack of jurisdiction. AFFIRMED, in part; DISMISSED, in part. BOATWRIGHT, KILBANE and PRATT, JJ., concur.

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