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Kimberly Swoyer Brush, Esquire, as Personal Representative of the Estate of Frederick Eugene Swoyer, Appellant, v. Kelly Dimaria Coppelli, Appellee.
Appellant challenges the involuntary dismissal of her case and the award of attorney's fees to Appellee. We affirm the involuntary dismissal. We dismiss the appeal of the fee award as untimely. See Fla. R. App. P. 9.110(b); Pennywell v. Dep't of Rev. ex rel. Woodard, 62 So. 3d 19, 20 (Fla. 1st DCA 2011) (“The filing deadline is jurisdictional, and the untimely filing of a notice of appeal precludes the court from exercising jurisdiction over the appeal.”); Scott ex rel. Scott v. Women's Med. Grp., P.A., 837 So. 2d 577, 577 (Fla. 1st DCA 2003) (“Final attorney's fees orders are appealable as separate final judgments.”); Nielsen v. Joannou, 835 So. 2d 1219, 1220 n.1 (Fla. 5th DCA 2003) (“This order, while not disposing of the entire case, assesses attorney's fees and costs ‘for which let execution issue.’ Accordingly, the order is appealable as a final order.”); Saye v. Pieschacon, 750 So. 2d 759, 761 (Fla. 1st DCA 2000) (holding that “despite the lack of a final judgment on the issue of liability,” an appeal of a fee award could proceed since the award was final and “independently appealable”).
Affirmed in part; Dismissed in part.
Per Curiam.
Jay, Maciver, and Pratt, JJ., concur.
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Docket No: Case No. 5D2024-0418
Decided: February 14, 2025
Court: District Court of Appeal of Florida, Fifth District.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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