RUBEN FUENTES AND YAIMET MURO
v.
YUHI LANDHOLDINGS, LLC, YUHI INVESTMENTS LLC, LEE COUNTY, FLORIDA, CITY OF FORT MYERS, FLORIDA AND MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.
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An order granting entitlement to attorney's fees but reserving the determination of the amount is non-final and not appealable until the amount is determined.
[1] An order granting entitlement to attorney's fees but reserving jurisdiction to determine the amount is a non-final, non-appealable order.
[2] A final judgment is affirmed in all respects not specifically dismissed for lack of jurisdiction.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“An order granting entitlement to attorney's fees but not determining the amount of fees or costs is a non-final, non-appealable order, and such an order is subject to dismissal for lack of jurisdiction.”
Citation to Yampol v. Turnberry Isle S. Condo. Ass'n, Inc., 250 So.3d 835, 837 (Fla. 3d DCA 2018)
Appellants Ruben Fuentes and Yaimet Muro appealed a final judgment in favor of Appellee Yuhi Landholdings, LLC from the Circuit Court for Lee County. …
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We dismiss for lack of jurisdiction, however, that portion of the appeal seeking review of the trial court’s determination that Appellee is entitled to recover attorneys’ fees and costs from Appellants but reserving jurisdiction to determine the amount thereof. See, e.g., Yampol v. Turnberry Isle S. Condo. Ass’n, Inc., 250 So. 3d 835, 837 (Fla. 3d DCA 2018) (“An order granting entitlement to attorney’s fees but not determining the amount of fees or costs is a non-final, non-appealable order,
and such an order is subject to dismissal for lack of jurisdiction.”). This partial
2 subsequent order determining the amount of such fees and costs (Case No. 6D23-3594).
In all other respects, the final judgment is affirmed. See Applegate v. Barnett
Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979) (“When there are issues of fact the appellant necessarily asks the reviewing court to draw conclusions about the evidence. Without a record of the trial proceedings, the appellate court can not properly resolve the underlying factual issues so as to conclude that the trial court’s judgment is not supported by the evidence or by an alternative theory. Without knowing the factual context, neither can an appellate court reasonably conclude that the trial judge so misconceived the law as to require reversal.”).
AFFIRMED in part; DISMISSED in part.
MIZE, BROWNLEE and GANNAM, JJ., concur. Richard F. DeVall, of Zinnlaw PLLC, Fort Myers, for Appellants. Rachel A. Kerlek, of Woods, Weidenmiller, Michetti & Rudnick, LLP, Naples, for Appellee, Yuhi Landholdings, LLC. No Appearance for Appellees, Yuhi Investments LLC, Lee County, City of Fort Myers, and Mortgage Electronic Registration Systems, Inc.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Yampol v. Turnberry Isle S. Condo Assoc., 250 So. 3d 835 (Fla. 3d DCA 2018)