LAW.coLAW.co

MARK v. WATLER (2024)

District Court of Appeal of Florida, Fourth District.2024-02-07No. No. 4D2022-3408

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

We affirm the final order denying the Ex-Parte Petition for Injunction and Temporary Injunction for Protection Against Exploitation of a Vulnerable Adult without further comment.

We dismiss without prejudice the portion of the order awarding attorneys fees as a sanction as premature. See Keldie v. Dennstedt, 330 So. 3d 61, 62 (Fla. 4th DCA 2021). “Although the trial court found that appellee was entitled to attorneys fees, it has not yet determined the amount of the entitlement. Without that determination, an attorneys fees award is not ripe for appellate review.” Id.; see also Schmidt v. Schmidt, 319 So. 3d 65, 65 (Fla. 4th DCA 2021) (“An order merely finding entitlement to attorneys fees is a non-final, non-appealable order.”); Dania Beach Boat Club Condo. Assn v. Forcier, 290 So. 3d 99, 102 (Fla. 4th DCA 2020) (“A finding of entitlement to attorneys fees without a determination of the amount of fees is not appealable.”).

Affirmed in part and dismissed in part.

Per Curiam.

Warner, Damoorgian and Forst, JJ., concur.