JOHNSON TRUSTEE OF KREJ IRREVOCABLE TRUST NUMBER v. CLICH PIANO BAR POOL LOUNGE LLC LLC (2020)

District Court of Appeal of Florida, Second District.

Harold R.E. JOHNSON, TRUSTEE OF KREJ IRREVOCABLE TRUST NUMBER 7, Appellant, v. CLICHÉ PIANO BAR & POOL LOUNGE, LLC, a Florida Limited Liability Company, State of Florida Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, State of Florida Department of Revenue, Provantage Group, LLC, a Florida Limited Liability Company, Appellees.

Case No. 2D19-616

Decided: February 07, 2020

Thomas C. Little of Thomas C. Little, P.A., Clearwater, for Appellant. Marc R. Tiller, Tampa, for Appellee Provantage Group, LLC, a Florida limited liability company. No appearance for remaining Appellees.

We dismiss the portion of this appeal wherein appellant challenges the portion of the order granting appellee's motion for attorneys' fees pursuant to section 57.105, Florida Statutes (2018), as that portion of the order is nonfinal and nonappealable. SP Healthcare Holdings, LLC v. Surgery Ctr. Holdings, LLC, 208 So. 3d 775, 781 (Fla. 2d DCA 2016) (“[A]n order that only determines entitlement to attorney's fees and does not set the amount is a nonfinal and nonappealable order.” (citing Salem v. Abram, 868 So. 2d 1213, 1214 (Fla. 2d DCA 2004))); see also I.O.M. Co. v. Equity Res., Inc., 77 So. 3d 1265, 1265 (Fla. 2d DCA 2012) (applying this concept to award of section 57.105 fees); Kusterer v. Kusterer, 933 So. 2d 542, 550 (Fla. 1st DCA 2006) (same); Boyce v. Cluett, 672 So. 2d 858, 860 (Fla. 4th DCA 1996) (same); Gonzalez Eng'g, Inc. v. Miami Pump & Supply Co., 641 So. 2d 474, 474 (Fla. 3d DCA 1994) (same); Adlow, Inc. v. Mauda, Inc., 632 So. 2d 714, 714-15 (Fla. 5th DCA 1994) (same). We affirm the remainder of the two orders on appeal without further comment.

Affirmed in part; dismissed in part.

PER CURIAM.

NORTHCUTT, LaROSE, and MORRIS, 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Out of date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