C. M.
v.
A. M.

Fla. 2d DCA | 2024-04-03
No. 23-0523
2024 FL 3667 Florida District Court of Appeal, Second District (2024)

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Holding

An order determining entitlement to sanctions is not appealable until the trial court determines the amount of attorney's fees to be imposed.


Headnotes

[1] An order determining entitlement to sanctions but not the amount of attorney's fees to be imposed is an interlocutory order that is not final and appealable, and any appe…

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Key Quotes

“We dismiss the attempt to appeal the order granting in part HSBC's motion for sanctions, because the order only addressed entitlement and not the amount of attorney's fees to be imposed against Kelly. That attempt was premature, and the order on entitlement to sanctions was not an appealable order.”

The court cited Kelly v. HSBC Bank USA Nat'l Ass'n, 240 So. 3d 107, 108 (Fla. 3d DCA 2018) to explain the dismissal of the sanctions appeal as premature.

Facts & Procedural History

C.M. appealed a circuit court decision in Hillsborough County that included a ruling on sanctions. The trial court issued an order addressing entitlem…

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Opinion of the Court

KHOUZAM, Judge.

Affirmed in all respects, except that the appeal as to the court's ruling on entitlement to sanctions is dismissed as premature. See Kelly v. HSBC Bank USA Nat'l Ass'n, 240 So. 3d 107, 108 (Fla. 3d DCA 2018) ("We dismiss the attempt to appeal the order granting in part HSBC's motion for sanctions, because the order only addressed entitlement and

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not the amount of attorney's fees to be imposed against Kelly. That attempt was premature, and the order on entitlement to sanctions was not an appealable order.").

Affirmed in part; dismissed in part.

NORTHCUTT and ROTHSTEIN-YOUAKIM, JJ., Concur.


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