McPheeters v. Guardianship of McPheeters

District Court of Appeal of Florida

McPheeters v. Guardianship of McPheeters

118 So. 3d 903, 2013 WL 3834330, 2013 Fla. App. LEXIS 11734

CourtDistrict Court of Appeal of Florida

DecidedJuly 26, 2013

DocketNo. 5D12-3625

StatusPublished

This text of 118 So. 3d 903 (McPheeters v. Guardianship of McPheeters) 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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McPheeters v. Guardianship of McPheeters, 118 So. 3d 903, 2013 WL 3834330, 2013 Fla. App. LEXIS 11734 (Fla. Ct. App. 2013).

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Opinion

PER CURIAM.

Renee McPheeters appeals the trial court’s order dismissing her petition to adjudicate her husband, Rodger, incompe[904]*904tent, and finding that it was filed in bad faith. We affirm in part and dismiss in part.

We affirm the order insofar as it dismissed the petition to determine incapacity and found bad faith on the part of Mrs. McPheeters. However, that portion of the court’s order determining attorney’s fees is not ripe for review because it merely determined that Appellee is entitled to attorney’s fees pursuant to section 744.331(7)(c), Florida Statutes (2010), but did not determine the amount of fees. See Garcia v. Valladares, 99 So.3d 518, 518 (Fla. 3d DCA 2011); see also Allstate Ins. Co. v. Jenkins, 32 So.3d 163, 165 (Fla. 5th DCA 2010). Accordingly, we dismiss the portion of the appeal regarding attorney’s fees as premature.

AFFIRMED in part; DISMISSED in part.

ORFINGER and COHEN, JJ., and SCHUMANN, B. B., Associate Judge, concur.

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PER CURIAM.

Renee McPheeters appeals the trial court’s order dismissing her petition to adjudicate her husband, Rodger, incompe[904]*904tent, and finding that it was filed in bad faith. We affirm in part and dismiss in part.

We affirm the order insofar as it dismissed the petition to determine incapacity and found bad faith on the part of Mrs. McPheeters. However, that portion of the court’s order determining attorney’s fees is not ripe for review because it merely determined that Appellee is entitled to attorney’s fees pursuant to section 744.331(7)(c), Florida Statutes (2010), but did not determine the amount of fees. See Garcia v. Valladares, 99 So.3d 518, 518 (Fla. 3d DCA 2011); see also Allstate Ins. Co. v. Jenkins, 32 So.3d 163, 165 (Fla. 5th DCA 2010). Accordingly, we dismiss the portion of the appeal regarding attorney’s fees as premature.

AFFIRMED in part; DISMISSED in part.

ORFINGER and COHEN, JJ., and SCHUMANN, B. B., Associate Judge, concur.

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118 So. 3d 903, 2013 WL 3834330, 2013 Fla. App. LEXIS 11734, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcpheeters-v-guardianship-of-mcpheeters-fladistctapp-2013.

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