Nye v. HCI Manufacturing, Inc.

District Court of Appeal of Florida

Nye v. HCI Manufacturing, Inc.

901 So. 2d 304, 2005 Fla. App. LEXIS 6063, 2005 WL 991688

CourtDistrict Court of Appeal of Florida

DecidedApril 29, 2005

DocketNo. 2D04-2741

StatusPublished

Cited by1 cases

This text of 901 So. 2d 304 (Nye v. HCI Manufacturing, Inc.) 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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Nye v. HCI Manufacturing, Inc., 901 So. 2d 304, 2005 Fla. App. LEXIS 6063, 2005 WL 991688 (Fla. Ct. App. 2005).

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Opinion

SILBERMAN, Judge.

William F. Nye and Andrea R. Nye appeal the judgment entered on their “Supplemental Pleading to Assess Costs for Environmental Remedies Pursuant to Final Judgment.” We affirm without comment as to all issues, with one exception. In their final issue, the Nyes argue that the trial court erred in granting attorney’s fees to the appellees. However, in the judgment, the trial court reserved jurisdiction to determine the amount of fees to be awarded. Because the amount has not been determined, that portion of the judgment is nonfinal and nonappealable. See Salem v. Abram, 868 So.2d 1213, 1214 (Fla. 2d DCA 2004); Argento v. Argento, 842 So.2d 182, 184 (Fla. 2d DCA 2003). [305]*305Therefore, we dismiss the fee issue for lack of jurisdiction.

Affirmed in part; dismissed in part.

SALCINES and WALLACE, JJ., Concur.

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SILBERMAN, Judge.

William F. Nye and Andrea R. Nye appeal the judgment entered on their “Supplemental Pleading to Assess Costs for Environmental Remedies Pursuant to Final Judgment.” We affirm without comment as to all issues, with one exception. In their final issue, the Nyes argue that the trial court erred in granting attorney’s fees to the appellees. However, in the judgment, the trial court reserved jurisdiction to determine the amount of fees to be awarded. Because the amount has not been determined, that portion of the judgment is nonfinal and nonappealable. See Salem v. Abram, 868 So.2d 1213, 1214 (Fla. 2d DCA 2004); Argento v. Argento, 842 So.2d 182, 184 (Fla. 2d DCA 2003). [305]*305Therefore, we dismiss the fee issue for lack of jurisdiction.

Affirmed in part; dismissed in part.

SALCINES and WALLACE, JJ., Concur.

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901 So. 2d 304, 2005 Fla. App. LEXIS 6063, 2005 WL 991688, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nye-v-hci-manufacturing-inc-fladistctapp-2005.

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