GARCIA V. VALLADARES

State: Florida

Court: Florida Third District Court

Docket No: 10-1538

Case Date: 06/22/2011

Preview:Third District Court of Appeal
State of Florida, January Term, A.D., 2011
Opinion filed June 22, 2011. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D10-1538 Lower Tribunal No. MHK09-169 ________________

Maria Garcia,
Appellant, vs.

In Re: Arthur Valladares, etc.,
Appellee.

An appeal from a non-final order from the Circuit Court for Monroe County, Tegan Slaton, Judge. Robert Goldman (Key West), for appellant. Hugh J. Morgan (Key West), for appellee.

Before SUAREZ and LAGOA, JJ., and SCHWARTZ, Senior Judge. PER CURIAM. Appellant, Maria Garcia, appeals from a non-final order finding entitlement to costs and attorney fees, pursuant to section 744.331(7)(c), Florida Statutes

(2010). Because the order, however, does not determine the amount of such fees or costs, the order is a non-final, non-appealable order. See De La Espriella, v. Costco Wholesale Corp., 970 So. 2d 836 (Fla. 3d DCA 2007); Lasco Enters., Inc. v. Kohlbrand, 819 So. 2d 821, 827 (Fla. 5th DCA 2002); Gonzalez Eng'g, Inc. v. Miami Pump & Supply Co., 641 So. 2d 474 (Fla. 3d DCA 1994). Indeed, the order appealed reserves jurisdiction to determine the amount at a future hearing. We, therefore, dismiss the appeal for lack of jurisdiction. Appeal dismissed.

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