Brian Fritz v. Tower Hill Signature Insurance Company

District Court of Appeal of Florida

Brian Fritz v. Tower Hill Signature Insurance Company

CourtDistrict Court of Appeal of Florida

DecidedJanuary 28, 2026

Docket4D2024-0787

StatusPublished

This text of Brian Fritz v. Tower Hill Signature Insurance Company (Brian Fritz v. Tower Hill Signature Insurance Company) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brian Fritz v. Tower Hill Signature Insurance Company, (Fla. Ct. App. 2026).

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Opinion

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

BRIAN FRITZ, Appellant,

v.

TOWER HILL SIGNATURE INSURANCE COMPANY, Appellee.

No. 4D2024-0787

[January 28, 2026]

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Carlos A. Rodriguez, Judge; L.T. Case No. CACE19010393.

David A. Neblett, James M. Mahaffey, III, and John A. Wynn of Neblett Law Group, Miami, for appellant.

Todd L. Wallen of Wallen Kelley, Coral Gables, for appellee.

SHEPHERD, J.

Appellant challenges the trial court’s entry of final judgment in favor of appellee. We affirm the final judgment, except that we do not reach the issue of the trial court’s award of attorney’s fees to appellee. Because we lack jurisdiction to consider a trial court’s award of attorney’s fees as a sanction without a determination by the trial court of the amount of fees, we dismiss that portion of the appeal. See Dania Beach Boat Club Condo. Ass’n, Inc. v. Forcier, 290 So. 3d 99, 102 (Fla. 4th DCA 2020) (“A finding of entitlement to attorney’s fees without a determination of the amount of fees is not appealable.”); see also Mark v. Watler, 379 So. 3d 1190, 1190 (Fla. 4th DCA 2024) (“We dismiss without prejudice the portion of the order awarding attorney’s fees as a sanction as premature.”).

Affirmed in part; dismissed in part.

GROSS and FORST, JJ., concur.

* * * Not final until disposition of timely-filed motion for rehearing.

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

BRIAN FRITZ, Appellant,

v.

TOWER HILL SIGNATURE INSURANCE COMPANY, Appellee.

No. 4D2024-0787

[January 28, 2026]

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Carlos A. Rodriguez, Judge; L.T. Case No. CACE19010393.

David A. Neblett, James M. Mahaffey, III, and John A. Wynn of Neblett Law Group, Miami, for appellant.

Todd L. Wallen of Wallen Kelley, Coral Gables, for appellee.

SHEPHERD, J.

Appellant challenges the trial court’s entry of final judgment in favor of appellee. We affirm the final judgment, except that we do not reach the issue of the trial court’s award of attorney’s fees to appellee. Because we lack jurisdiction to consider a trial court’s award of attorney’s fees as a sanction without a determination by the trial court of the amount of fees, we dismiss that portion of the appeal. See Dania Beach Boat Club Condo. Ass’n, Inc. v. Forcier, 290 So. 3d 99, 102 (Fla. 4th DCA 2020) (“A finding of entitlement to attorney’s fees without a determination of the amount of fees is not appealable.”); see also Mark v. Watler, 379 So. 3d 1190, 1190 (Fla. 4th DCA 2024) (“We dismiss without prejudice the portion of the order awarding attorney’s fees as a sanction as premature.”).

Affirmed in part; dismissed in part.

GROSS and FORST, JJ., concur.

* * * Not final until disposition of timely-filed motion for rehearing.

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Brian Fritz v. Tower Hill Signature Insurance Company, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brian-fritz-v-tower-hill-signature-insurance-company-fladistctapp-2026.