RUBEN FUENTES AND YAIMET MURO
v.
YUHI LANDHOLDINGS, LLC, YUHI INVESTMENTS LLC, LEE COUNTY, FLORIDA, CITY OF FORT MYERS
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Appellants Ruben Fuentes and Yaimet Muro appealed a final judgment in favor of Appellee Yuhi Landholdings, LLC. The court affirmed the judgment in part but dismissed the appeal portion addressing the trial court's determination of entitlement to attorneys' fees and costs as premature, reserving that issue for a separate appeal once the amount is determined.
The court dismissed for lack of jurisdiction the portion of the appeal challenging the entitlement to attorneys' fees and costs, as an order granting entitlement but not determining the amount is non-final and non-appealable. The court affirmed all other aspects of the final judgment.
[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 part and dismissed in part when the appellate court lacks jurisdiction over a portion of the appeal.
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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.”
Establishes the jurisdictional standard for dismissing appeals of fee entitlement orders that reserve the amount for later determination.
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Join FLexlaw to unlock all legal intelligenceThe case involves a dispute between Fuentes and Muro against Yuhi Landholdings, LLC and other defendants (Yuhi Investments LLC, Lee County, City of Fo…
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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.
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Citator
Authorities Cited
- Yampol v. Turnberry Isle S. Condo Assoc., 250 So. 3d 835 (Fla. 3d DCA 2018)