Lydolph v. Davidson

District Court of Appeal of Florida

Lydolph v. Davidson

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

CourtDistrict Court of Appeal of Florida

DecidedAugust 13, 2004

DocketNo. 1D04-2083

StatusPublished

Cited by4 cases

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

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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.

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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.

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880 So. 2d 817, 2004 Fla. App. LEXIS 11816, 2004 WL 1800644, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lydolph-v-davidson-fladistctapp-2004.

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