S.U.R. CORPORATION
v.
FONDO DE INVERSION STELLA
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An order granting entitlement to attorney's fees but not determining the amount is non-final and non-appealable.
[1] An order granting entitlement to attorney's fees but not determining the amount of fees or costs is non-final and non-appealable.
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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.”
Citing Yampol v. Turnberry Isle S. Condo. Ass'n, the court explained why the appellants' attorney's fees appeal must be dismissed.
S.U.R., LLC and S.U.R. Corporation appealed a circuit court decision in Miami-Dade County regarding attorney's fees and costs in a dispute with Fondo …
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1 We sua sponte consolidate case numbers 3D24-0103 and 3D24-0105 for disposition only.
PER CURIAM.
Affirmed; dismissed in part. Pesce v. Morgan, 388 So. 3d 1107, 1109 (Fla. 3d DCA 2024) (“For an issue to be preserved for appeal, it must be presented to the lower court and the specific legal argument or ground to be argued on appeal must be part of that presentation.” (quoting Holland v.
Cheney Bros., Inc., 22 So. 3d 648, 649-50 (Fla. 1st DCA 2009))); Valparaiso
Realty Co. v. City of Valparaiso, 473 So. 2d 1, 2 (Fla. 1st DCA 1985) (appellant’s defense of failure to join an indispensable party was “waived for failure to timely raise it [to the trial court], since non-joinder of parties is not a jurisdictional defect which may be raised at any time”); Supinski v. Omni
Healthcare, P.A., 853 So. 2d 526, 532 n.2 (Fla. 5th DCA 2003) (“It is elemental that appellate courts will not consider evidence that was not presented to the trial court for its consideration in making its decisions.”);
Casey v. Mistral Condo. Ass’n,, 380 So. 3d 1278, 1286 (Fla. 1st DCA
2024) (“Only disputes over facts that might affect the outcome of the suit under the governing law will properly preclude the entry of summary judgment. Factual disputes that are irrelevant or unnecessary will not be counted.” (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48,(1986))).
Appellants S.U.R., LLC and S.U.R. Corporation’s appeals with respect to the entitlement to attorney’s fees and costs issue is dismissed. Yampol v.
Turnberry Isle S. Condo. Ass’n,, 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.”).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (U.S. 1986)
- Holland v. Cheney Bros., Inc., 22 So. 3d 648 (Fla. 1st DCA 2009)
- Yampol v. Turnberry Isle S. Condo Assoc., 250 So. 3d 835 (Fla. 3d DCA 2018)
- Edward Supinski, M.D. v. Omni Healthcare, P.A., 853 So. 2d 526 (Fla. 5th DCA 2003)
- Casey v. Mistral Condo. Ass'n, 380 So. 3d 1278 (Fla. 1st DCA 2024)
- Valparaiso Realty Co. v. City OF Valparaiso, 473 So. 2d 1 (Fla. 1st DCA 1985)
- Pesce v. Morgan, 388 So. 3d 1107 (Fla. 3d DCA 2024)