JOHN DOE, NO. 1 A/K/A CHRISTOPHER T. BERES AND JOHN DOE, NO. 2 A/K/A ANDREW DELANEY
v.
RELX, INC., D/B/A LEXISNEXIS USA, AND PORTFOLIO MEDIA, INC.
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Appellants Christopher Beres and Andrew Delaney appealed a trial court order granting appellees' motion for attorney's fees and costs. The Fifth District Court of Appeal dismissed the appeal for lack of jurisdiction because the trial court retained jurisdiction to determine the amount of fees and costs, making the order non-final and non-appealable.
The trial court's order granting entitlement to attorney's fees and costs is non-final and non-appealable when the trial court retains jurisdiction to determine the amount. An award of attorney's fees does not become final and appealable until the amount is set by the trial court.
[1] An order granting entitlement to attorney's fees and costs but retaining jurisdiction to determine the amount is a non-final and non-appealable order.
[2] An appeal from an order granting entitlement to attorney's fees and costs, but reserving jurisdiction to determine the amount, must be 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 award of attorneys' fees does not become final, and, therefore, appealable until the amount is set by the trial court.”
Establishes the controlling legal standard that finality of attorney's fee awards requires determination of the specific amount by the trial court.
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Join FLexlaw to unlock all legal intelligenceThe trial court granted appellees' motion for attorney's fees and costs as to entitlement, but retained jurisdiction to determine the amount of the fe…
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PER CURIAM.
Appellants appeal the trial court’s order granting Appellees’ motion for attorney’s fees and costs. Although the trial court granted Appellees’ motion as to the entitlement of their fees and costs, it retained jurisdiction to determine the amount of the fees and costs. This Court has held that “[a]n 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, 342 (Fla. 5th DCA 2005). Therefore, the trial court’s order is non-final and non-appealable as it relates to the granting of Appellees’ motion for fees. See Autoquotes (Fla), Inc. v. Albright, 383 So. 3d 533, 534 (Fla. 5th DCA 2023) (holding trial court’s order granting entitlement as to fees and costs but retaining jurisdiction as to the amount to be “non-final and non-appealable as it relates to the granting of [the motion for fees]” (citations omitted)); see also Lasco Enters., Inc. v. Kohlbrand, 819 So. 2d 821, 827 (Fla. 5th DCA 2002) (“An order which grants a party’s motion for cost[s] but reserves jurisdiction to determine the amount of costs is a non-final, non-appealable order which this court lacks jurisdiction to review.”). As a result, we dismiss the appeal for lack of jurisdiction.
DISMISSED.
WALLIS, JAY, and BOATWRIGHT, JJ., 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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Pecchia v. Wayside Ests. Homeowners Ass'n, Inc., 388 So. 3d 1136 (Fla. 5th DCA 2024)
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Doe v. Relx, Inc., 383 So. 3d 533 (Fla. 5th DCA 2024)…the trial court.” Mills v. Martinez, 909 So. 2d 340, 342 (Fla. 5th DCA 2005). Therefore, the trial court’s order is non-final and non-appealable as it relates to the granting of Appellees’ motion for fees. See Autoquotes (Fla), Inc. v. Albright, 383 So. 3d 533, 534 (Fla. 5th DCA 2023) (holding trial court’s order granting entitlement as to fees and costs but retaining jurisdiction as to the amount to be “non-final and non-appealable as it relates to the granting of [the motion for fees]” (citations om…
Authorities Cited
- Mills v. Martinez, 909 So. 2d 340 (Fla. 5th DCA 2005)
- Lasco Enters., Inc. v. Kohlbrand, 819 So. 2d 821 (Fla. 5th DCA 2002)
- Doe v. Relx, Inc., 383 So. 3d 533 (Fla. 5th DCA 2024)