BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND v. NE 32ND STREET LLC (2023)

District Court of Appeal of Florida, Fourth District.

BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND of the State of Florida and Florida Department of Environmental Protection, Appellants, v. NE 32ND STREET, LLC, and Dorothy Jacks, as Palm Beach County Property Appraiser, Appellees.

No. 4D2022-1530

Decided: October 04, 2023

Ashley Moody, Attorney General, and Timothy L. Newhall, Special Counsel, Tallahassee, for appellants. Michael H. Nullman of Nason, Yeager, Gerson, Harris & Fumero, P.A., Palm Beach Gardens, for appellee NE 32nd Street, LLC.

This appeal arises out of a suit seeking in part to quiet title to several parcels of real property for which one of the appellants, the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, allegedly asserted an ownership interest. The trial court entered summary judgment for the appellee, NE 32nd Street, LLC, as to one parcel, and the remaining claims were voluntarily dismissed. The appellants seeks review of the summary judgment as well as the portion of the judgment addressing attorney's fees. We affirm as to the summary judgment. With respect to the portion of the order addressing attorney's fees, we dismiss for lack of jurisdiction, as the trial court has not determined the amount of attorney's fees to be awarded. See Schmidt v. Schmidt, 319 So. 3d 65, 65 (Fla. 4th DCA 2021).

Affirmed in part, and dismissed in part.

Per Curiam.

Ciklin, Levine and Conner, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network