Collier County v. Phillippi

District Court of Appeal of Florida

Collier County v. Phillippi

180 So. 3d 217, 2015 Fla. App. LEXIS 18374, 2015 WL 8326438

CourtDistrict Court of Appeal of Florida

DecidedDecember 9, 2015

Docket2D14-5805

StatusPublished

This text of 180 So. 3d 217 (Collier County v. Phillippi) 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.

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Collier County v. Phillippi, 180 So. 3d 217, 2015 Fla. App. LEXIS 18374, 2015 WL 8326438 (Fla. Ct. App. 2015).

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Opinion

PER CURIAM.

We dismiss Collier County’s appeal of the circuit court’s order granting Penny Phillippi entitlement to recover her attorney’s fees, because the order reserved jurisdiction to determine the amount. See McIlveen v. McIlveen, 644 So.2d 612, 612 (Fla. 2d DCA 1994) (“[A]n order which only determines the right to attorney’s fees without setting the amount is a nonap-pealable, nonfínal order.”). We affirm on all other issues raised in this appeal. See Collier Cty. v. Curry, 166 So.3d 967 (Fla. 2d DCA 2015); cf. City of Miami v. Bus Benches Co., 174 So.2d 49, 52-53 (Fla. 3d DCA 1965) (“A municipality is bound to recognize its contracts, the same as an individual and one, party, to a contract with a municipality, is entitled to the constitutional protection against impairment of it if the municipality attempts to unilaterally change its obligations under a valid agreement.” (citations omitted)).

Affirmed in part; dismissed in part.

WALLACE, CRENSHAW, and LUCAS, JJ., Concur.

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PER CURIAM.

We dismiss Collier County’s appeal of the circuit court’s order granting Penny Phillippi entitlement to recover her attorney’s fees, because the order reserved jurisdiction to determine the amount. See McIlveen v. McIlveen, 644 So.2d 612, 612 (Fla. 2d DCA 1994) (“[A]n order which only determines the right to attorney’s fees without setting the amount is a nonap-pealable, nonfínal order.”). We affirm on all other issues raised in this appeal. See Collier Cty. v. Curry, 166 So.3d 967 (Fla. 2d DCA 2015); cf. City of Miami v. Bus Benches Co., 174 So.2d 49, 52-53 (Fla. 3d DCA 1965) (“A municipality is bound to recognize its contracts, the same as an individual and one, party, to a contract with a municipality, is entitled to the constitutional protection against impairment of it if the municipality attempts to unilaterally change its obligations under a valid agreement.” (citations omitted)).

Affirmed in part; dismissed in part.

WALLACE, CRENSHAW, and LUCAS, JJ., Concur.

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Bluebook (online)

180 So. 3d 217, 2015 Fla. App. LEXIS 18374, 2015 WL 8326438, Counsel Stack Legal Research, https://law.counselstack.com/opinion/collier-county-v-phillippi-fladistctapp-2015.

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