From Casetext: Smarter Legal Research

Lydolph v. Davidson

District Court of Appeal of Florida, First District
Aug 13, 2004
880 So. 2d 817 (Fla. Dist. Ct. App. 2004)

Opinion

No. 1D04-2083.

August 13, 2004.

An appeal from the Circuit Court for Walton County. William F. Stone, Judge.

Appellant, pro se.

Dana C. Matthews, Destin; H. Bart Fleet, Shalimar; Scott Campbell, Santa Rosa Beach; Shannon Porath, Santa Rosa Beach; and E. Allan Ramey, Defuniak Springs, for Appellees.


Having considered appellant's "Objection to Motion to Dismiss," filed on June 28, 2004, which we treat as a response to our order to show cause, issued on May 26, 2004, this appeal is hereby dismissed as premature. See Dep't of Children Families v. Monroe, 744 So.2d 1163, 1164 (Fla. 1st DCA 1999). Additionally, the nonfinal order determining entitlement to attorneys' fees is not appealable pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(C)(I). Fisher v. Int'l Longshoremen's Ass'n, 827 So.2d 1096 (Fla. 1st DCA 2002).

Appellees' motion to dismiss, filed on May 25, 2004, is denied as moot. Appellees' motion for attorneys' fees, filed on May 25, 2004, is also denied. Cf. Churchville v. Ocean Grove R.V. Sales, Inc., 876 So.2d 649 (Fla. 1st DCA 2004).

BOOTH, WEBSTER and DAVIS, JJ., concur.


Summaries of

Lydolph v. Davidson

District Court of Appeal of Florida, First District
Aug 13, 2004
880 So. 2d 817 (Fla. Dist. Ct. App. 2004)
Case details for

Lydolph v. Davidson

Case Details

Full title:Paul LYDOLPH, III, Appellant, v. R. Guy DAVIDSON, III, Karen Davidson…

Court:District Court of Appeal of Florida, First District

Date published: Aug 13, 2004

Citations

880 So. 2d 817 (Fla. Dist. Ct. App. 2004)

Citing Cases

Ocean Club Community Ass'n v. Curtis

We do not pass upon any issue relating to the recovery of attorney's fees for conversion under the theft…