Kimberly Swoyer Brush, Esquire, as Personal Representative of the Estate of Frederick Eugene Swoyer v. Kelly Dimaria Coppelli

District Court of Appeal of Florida

Kimberly Swoyer Brush, Esquire, as Personal Representative of the Estate of Frederick Eugene Swoyer v. Kelly Dimaria Coppelli

District Court of Appeal of Florida·Decided February 14, 2025·No. 5D2024-0418·Published

Opinion

FIFTH DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

Case No. 5D2024-0418 LT Case No. 2020-17767-CODL _____________________________

KIMBERLY SWOYER BRUSH, ESQUIRE, as Personal Representative of the Estate of Frederick Eugene Swoyer,

Appellant,

v.

KELLY DIMARIA COPPELLI,

Appellee. _____________________________

On appeal from the County Court for Volusia County, Rachel D. Myers, Judge.

Kimberly Swoyer Brush, Lakeland, for Appellant.

Sarah L. Metz, of Smith Bigman Brock, Daytona Beach, for Appellee.

February 14, 2025

PER CURIAM.

Appellant challenges the involuntary dismissal of her case and the award of attorney’s fees to Appellee. We affirm the involuntary dismissal. We dismiss the appeal of the fee award as untimely. See Fla. R. App. P. 9.110(b); Pennywell v. Dep’t of Rev. ex rel. Woodard, 62 So. 3d 19, 20 (Fla. 1st DCA 2011) (“The filing deadline is jurisdictional, and the untimely filing of a notice of appeal precludes the court from exercising jurisdiction over the appeal.”); Scott ex rel. Scott v. Women’s Med. Grp., P.A., 837 So. 2d 577, 577 (Fla. 1st DCA 2003) (“Final attorney’s fees orders are appealable as separate final judgments.”); Nielsen v. Joannou, 835 So. 2d 1219, 1220 n.1 (Fla. 5th DCA 2003) (“This order, while not disposing of the entire case, assesses attorney’s fees and costs ‘for which let execution issue.’ Accordingly, the order is appealable as a final order.”); Saye v. Pieschacon, 750 So. 2d 759, 761 (Fla. 1st DCA 2000) (holding that “despite the lack of a final judgment on the issue of liability,” an appeal of a fee award could proceed since the award was final and “independently appealable”).

AFFIRMED in part; DISMISSED in part.

JAY, MACIVER, and PRATT, 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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FIFTH DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

Case No. 5D2024-0418 LT Case No. 2020-17767-CODL _____________________________

KIMBERLY SWOYER BRUSH, ESQUIRE, as Personal Representative of the Estate of Frederick Eugene Swoyer,

Appellant,

v.

KELLY DIMARIA COPPELLI,

Appellee. _____________________________

On appeal from the County Court for Volusia County, Rachel D. Myers, Judge.

Kimberly Swoyer Brush, Lakeland, for Appellant.

Sarah L. Metz, of Smith Bigman Brock, Daytona Beach, for Appellee.

February 14, 2025

PER CURIAM.

Appellant challenges the involuntary dismissal of her case and the award of attorney’s fees to Appellee. We affirm the involuntary dismissal. We dismiss the appeal of the fee award as untimely. See Fla. R. App. P. 9.110(b); Pennywell v. Dep’t of Rev. ex rel. Woodard, 62 So. 3d 19, 20 (Fla. 1st DCA 2011) (“The filing deadline is jurisdictional, and the untimely filing of a notice of appeal precludes the court from exercising jurisdiction over the appeal.”); Scott ex rel. Scott v. Women’s Med. Grp., P.A., 837 So. 2d 577, 577 (Fla. 1st DCA 2003) (“Final attorney’s fees orders are appealable as separate final judgments.”); Nielsen v. Joannou, 835 So. 2d 1219, 1220 n.1 (Fla. 5th DCA 2003) (“This order, while not disposing of the entire case, assesses attorney’s fees and costs ‘for which let execution issue.’ Accordingly, the order is appealable as a final order.”); Saye v. Pieschacon, 750 So. 2d 759, 761 (Fla. 1st DCA 2000) (holding that “despite the lack of a final judgment on the issue of liability,” an appeal of a fee award could proceed since the award was final and “independently appealable”).

AFFIRMED in part; DISMISSED in part.

JAY, MACIVER, and PRATT, JJ., concur.

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Kimberly Swoyer Brush, Esquire, as Personal Representative of the Estate of Frederick Eugene Swoyer v. Kelly Dimaria Coppelli, (Fla. Ct. App. 2025).

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Kimberly Swoyer Brush, Esquire, as Personal Representative of the Estate of Frederick Eugene Swoyer v. Kelly Dimaria Coppelli (Kimberly Swoyer Brush, Esquire, as Personal Representative of the Estate of Frederick Eugene Swoyer v. Kelly Dimaria Coppelli) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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