TOMLIN
v.
BUCCASIO

Fla. 1st DCA | 2023-11-08
No. 2022-3578
373 So. 3d 666 Florida District Court of Appeal, First District (2023) Positive Treatment
Cited by 1 case

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Holding

An award of attorneys' fees is not final and appealable until the trial court sets the amount.


Headnotes

[1] An award of attorney fees does not become final and appealable until the trial court sets the amount of the fees.

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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 explaining why the fee award is not yet appealable, citing Mills v. Martinez, 909 So. 2d 340 (5th DCA 2005).

Facts & Procedural History

Autumn Tomlin appealed a circuit court's parenting plan and an award of attorney fees to Nicholas Buccasio. The trial court granted Buccasio's request…

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Opinion of the Court

November 8, 2023 PER CURIAM.

Autumn Tomlin challenges the trial court’s parenting plan and the award of attorney fees. We affirm the parenting plan and dismiss the appeal of the attorney fees award. “An 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 (5th DCA 2005). The trial court granted Nicholas Buccasio’s request for attorney fees and reserved ruling on the amount. This is not yet an appealable, final order.

AFFIRMED in part; DISMISSED in part.

RAY, BILBREY, and LONG, JJ., concur.

2

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.


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