Lydolph v. Davidson

District Court of Appeal of Florida

Lydolph v. Davidson

880 So. 2d 817, 2004 Fla. App. LEXIS 11816, 2004 WL 1800644

District Court of Appeal of Florida·Decided August 13, 2004·No. No. 1D04-2083·Published·Cited by 4 cases

Opinion

PER CURIAM.

Having considered appellant’s “Objection to Motion to Dismiss,” filed on June 28, 2004, which we treat as a response to our order to show cause, issued on May 26, 2004, this appeal is hereby dismissed as premature. See Dep’t of Children & Families v. Monroe, 744 So.2d 1163, 1164 (Fla. 1st DCA 1999). Additionally, the nonfinal order determining entitlement to attorneys’ fees is not appealable pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(C)(I). Fisher v. Int'l Longshoremen’s Ass’n, 827 So.2d 1096 (Fla. 1st DCA 2002).

Appellees’ motion to dismiss, filed on May 25, 2004, is denied as moot. Appel-lees’ motion for attorneys’ fees, filed on May 25, 2004, is also denied. Cf. Churchville v. Ocean Grove R.V. Sales, Inc., 876 So.2d 649 (Fla. 1st DCA 2004).

BOOTH, WEBSTER and DAVIS, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Having considered appellant’s “Objection to Motion to Dismiss,” filed on June 28, 2004, which we treat as a response to our order to show cause, issued on May 26, 2004, this appeal is hereby dismissed as premature. See Dep’t of Children & Families v. Monroe, 744 So.2d 1163, 1164 (Fla. 1st DCA 1999). Additionally, the nonfinal order determining entitlement to attorneys’ fees is not appealable pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(C)(I). Fisher v. Int'l Longshoremen’s Ass’n, 827 So.2d 1096 (Fla. 1st DCA 2002).

Appellees’ motion to dismiss, filed on May 25, 2004, is denied as moot. Appel-lees’ motion for attorneys’ fees, filed on May 25, 2004, is also denied. Cf. Churchville v. Ocean Grove R.V. Sales, Inc., 876 So.2d 649 (Fla. 1st DCA 2004).

BOOTH, WEBSTER and DAVIS, JJ., concur.

Lydolph v. Davidson, 880 So. 2d 817, 2004 Fla. App. LEXIS 11816, 2004 WL 1800644 (Fla. Ct. App. 2004).

Pincite

880 So. 2d 817 (Lydolph v. Davidson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related