Sanders v. Palmieri

District Court of Appeal of Florida

Sanders v. Palmieri

849 So. 2d 417, 2003 Fla. App. LEXIS 10364, 2003 WL 21554266

District Court of Appeal of Florida·Decided July 11, 2003·No. No. 5D02-1940·Published·Cited by 7 cases

Opinion

PER CURIAM.

The final order that is the subject of this appeal is affirmed. The cross-appeal concerning attorneys’ fees, however, is dismissed for lack of jurisdiction. While the trial court has entered an order determining entitlement to attorneys’ fees, it has not yet fixed the amount to be awarded. As an award of attorneys’ fees does not become final, and, therefore, appealable until the amount is set by the trial court, the cross-appeal does not invoke this court’s jurisdiction. See Montanez v. Montanez, 697 So.2d 184 (Fla. 2d DCA 1997).

AFFIRMED. CROSS-APPEAL DISMISSED.

PETERSON, ORFINGER and MONACO, JJ., concur.

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PER CURIAM.

The final order that is the subject of this appeal is affirmed. The cross-appeal concerning attorneys’ fees, however, is dismissed for lack of jurisdiction. While the trial court has entered an order determining entitlement to attorneys’ fees, it has not yet fixed the amount to be awarded. As an award of attorneys’ fees does not become final, and, therefore, appealable until the amount is set by the trial court, the cross-appeal does not invoke this court’s jurisdiction. See Montanez v. Montanez, 697 So.2d 184 (Fla. 2d DCA 1997).

AFFIRMED. CROSS-APPEAL DISMISSED.

PETERSON, ORFINGER and MONACO, JJ., concur.

Sanders v. Palmieri, 849 So. 2d 417, 2003 Fla. App. LEXIS 10364, 2003 WL 21554266 (Fla. Ct. App. 2003).

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