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McIlveen v. McIlveen

District Court of Appeal of Florida, Second District
Nov 9, 1994
644 So. 2d 612 (Fla. Dist. Ct. App. 1994)

Summary

holding that an order that only determines the right to fees without setting an amount is a nonappealable nonfinal order

Summary of this case from Lockett v. Lockett

Opinion

No. 93-03736.

November 9, 1994.

Appeal from the Circuit Court, Pinellas County, David Seth Walker, J.

M. Katherine Ramers, Dunedin, for appellant.

William H. Walker, St. Petersburg, for appellee.


The husband raises three issues in his appeal from the final judgment of dissolution of marriage. We affirm except in two respects.

We reject the husband's argument that the trial court failed to make sufficient and specific findings of fact to support its determinations as to equitable distribution, alimony, and the obligation of the husband to provide the wife with medical, dental, and ocular insurance, including psychological and psychiatric coverage.

However, we agree with the husband (and the wife concedes) that his insurance obligation should be subject to reasonable limitations as to the maximum cost to the husband. Therefore, we reverse that part of the final judgment regarding the husband's obligation to provide health insurance to the wife with directions that the trial court fix reasonable limitations on the maximum cost to the husband of that requirement.

The husband attacks on several grounds the trial court's determination that the wife is entitled to attorney's fees and costs. We agree with the husband that the trial court should not have determined entitlement to fees in the final judgment when the order on pretrial conference expressly provided that all issues regarding attorney's fees would be determined at a hearing subsequent to the final judgment. However, we lack jurisdiction to review the issue of entitlement and deny review of that issue. We align ourselves with the other district courts of appeal, which have held that an order which only determines the right to attorney's fees without setting the amount is a nonappealable, nonfinal order. See Gonzalez Engineering, Inc. v. Miami Pump Supply Co., 641 So.2d 474 (Fla. 3d DCA 1994); Winkelman v. Toll, 632 So.2d 130 (Fla. 4th DCA 1994); Trans Atlantic Distributors, L.P. v. Whiland Co., S.A., 646 So.2d 752 (Fla. 5th DCA 1994); Hobbs v. Hobbs, 518 So.2d 439 (Fla. 1st DCA 1988). Accord Cokonougher v. Cokonougher, 543 So.2d 460 (Fla. 2d DCA 1989) (where the trial court merely reserved jurisdiction to make an award of attorney's fees, the issue is premature and the appellate court lacks jurisdiction to review it).

AFFIRMED IN PART, REVERSED IN PART WITH DIRECTIONS, AND REVIEW DENIED IN PART.

PATTERSON and LAZZARA, JJ., concur.


Summaries of

McIlveen v. McIlveen

District Court of Appeal of Florida, Second District
Nov 9, 1994
644 So. 2d 612 (Fla. Dist. Ct. App. 1994)

holding that an order that only determines the right to fees without setting an amount is a nonappealable nonfinal order

Summary of this case from Lockett v. Lockett

holding “an order which only determines the right to attorney's fees without setting the amount is a nonappealable, nonfinal order”

Summary of this case from Smith v. Smith

holding “an order which only determines the right to attorney's fees without setting the amount is a nonappealable, nonfinal order”

Summary of this case from Collier Cnty. v. Curry

holding that an order that determines only the right to attorney's fees without setting the amount is a nonappealable, nonfinal order

Summary of this case from Card v. Card

holding that an order merely granting entitlement to fees is not appealable

Summary of this case from Klepetko v. Chapman

holding that an order that determines only the right to attorney's fees without setting the amount is a nonappealable, nonfinal order

Summary of this case from Zuberer v. Zuberer

holding that an order that determines only the right to attorney's fees without setting the amount is a nonappealable, nonfinal order

Summary of this case from Zuberer v. Zuberer

denying review in part because "an order which only determines the right to attorney's fees without setting the amount is a nonappealable, nonfinal order"

Summary of this case from Bator v. Osborne

reiterating that an order that only determines a right to attorney's fees without setting the amount is a nonappealable, nonfinal order

Summary of this case from Bloco v. Porterfield
Case details for

McIlveen v. McIlveen

Case Details

Full title:W. RONALD McILVEEN, APPELLANT, v. BARBARA O. McILVEEN, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Nov 9, 1994

Citations

644 So. 2d 612 (Fla. Dist. Ct. App. 1994)

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