LANDON L. WILLIAMS, JR.
v.
REGINALD L. WILLIAMS, SR., INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF LANDON L. WILLIAMS, SR. A/K/A LANDON LOVARN WILLIAMS, SR., LANITA WILLIAMS-WELLS, YOLANDA S. WILLIAMS
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Landon Williams, Jr. appealed a trial court's order denying his petitions to invalidate his father's last will and testament. The Fifth District Court of Appeal affirmed the denial of the petitions but dismissed portions of the appeal challenging attorney's fees entitlement and the trial court's failure to rule on other requests as either nonfinal or not ripe for review.
The court affirmed the denial of the petitions to invalidate the will. The court dismissed the appeal regarding attorney's fees as the order finding entitlement without setting an amount is nonfinal and non-appealable. The court also dismissed the challenges to the trial court's failure to rule on removal and mistrial requests as not ripe for appellate review because the trial court did not rule on them in the first instance.
[1] An order awarding attorney's fees that finds entitlement but does not specify an amount is nonfinal and non-appealable.
[2] Appellate review is not available for trial court rulings that were never decided in the first instance.
Previewing 2 of 2 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 finding entitlement to attorney's fees without setting the amount is a nonfinal, non-appealable order.”
Establishes the court's jurisdictional basis for dismissing the attorney's fees portion of the appeal
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceLandon L. Williams, Jr. filed petitions to invalidate the last will and testament of Landon L. Williams, Sr. The trial court denied these petitions. T…
The full statement of facts, procedural history, and disposition for this case are member content.
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FIFTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA _____________________________
Case No. 5D23-0515 LT Case No. 2021-CP-001940 _____________________________
LANDON L. WILLIAMS, JR.,
Appellant,
v.
REGINALD L. WILLIAMS, SR., INDIVIDUALLY and as PERSONAL REPRESENTATIVE of the ESTATE of LANDON L. WILLIAMS, SR., a/k/a Landon Lovar Williams Sr., LANITA WILLIAMS-WELLS, YOLANDA S. WILLIAMS, AND MICHELLE D. WILLIAMS,
Appellees.
_____________________________
On appeal from the Circuit Court for Duval County. Jack M. Schemer, Judge.
Landon L. Williams, Jr., Jacksonville, pro se.
Noel G. Lawrence, of Noel G. Lawrence, P.A., Jacksonville, for Appellee, Reginald L. Williams, Sr.
No Appearance for Remaining Appellees.
April 12, 2024
HARRIS, J.
Appellant, Landon Williams, Jr., appeals the trial court’s Final Order Denying Petitions to Invalidate Last Will and Testament of Landon Williams, Sr. Finding no error, we affirm that order in all respects.
Appellant also challenges the court’s finding of entitlement to attorney’s fees in favor of Appellee, Reginald L. Williams, Sr. The challenged order did not award any specific amount of fees, it merely reserved jurisdiction to do so. An order finding entitlement to attorney’s fees without setting the amount is a nonfinal, non- appealable order. Sitaram v. Alley, 325 So. 3d 919, 921 (Fla. 5th DCA 2020). We therefore dismiss this portion of the appeal for lack of jurisdiction.
Finally, Appellant challenges the trial court’s failure to remove the personal representative and failure to rule on his oral request for a mistrial. “Appellate courts may not decide issues that were not ruled on by a trial court in the first instance.” Sierra by Sierra v. Pub. Health Tr. of Dade Cnty., 661 So. 2d 1296, 1298 (Fla. 3d DCA 1995). Because these final two issues are not ripe for appellate review, we dismiss those portions of the appeal as well.
AFFIRMED in part; DISMISSED in part.
EDWARDS, C.J., and KILBANE, J., concur.
_____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________
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Citator
Cited By
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Landon L. Williams, Jr. v. Williams (Fla. 5th DCA 2024)…illiams, Sr. The challenged order did not award any specific amount of fees, it merely reserved jurisdiction to do so. An order finding entitlement to attorney’s fees without setting the amount is a nonfinal, non- appealable order. Sitaram v. Alley, 325 So. 3d 919, 921 (Fla. 5th DCA 2020). We therefore dismiss this portion of the appeal for lack of jurisdiction. Finally, Appellant challenges the trial court’s failure to remove the personal representative and failure to rule on his oral request for a mistrial.…
Authorities Cited
- Sierra v. Pub. Health Tr. OF Dade Cnty., 661 So. 2d 1296 (Fla. 3d DCA 1995)
- Sitaram v. Nanda Bibi Alley, 325 So. 3d 919 (Fla. 5th DCA 2019)