MILLER v. MILLER (2020)

District Court of Appeal of Florida, Fifth District.

Jeffrey Ryan MILLER, Appellant, v. Jessica C. MILLER, Appellee.

Case No. 5D19-1208

Decided: May 22, 2020

Moses Robert Dewitt, of Dewitt Law Firm, PA, Orlando, for Appellant. Jessica C. Miller, Deland, pro se.

Jeffrey Miller appeals the final judgment of dissolution of marriage, challenging, among other things, the trial court's denial of his motions to continue, the timesharing schedule, the parenting plan, and distribution of the marital assets. Because we find no merit in Miller's arguments, we affirm in all respects, with one exception. Miller challenges the trial court's award of attorney's fees to his former wife. Because the trial court only determined entitlement to attorney's fees and did not determine the amount of fees, the issue of attorney's fees is not ripe for appellate review. See Serna v. Botero, 287 So. 3d 705 (Fla. 5th DCA 2020) (dismissing appeal with respect to attorney's fees because trial court only determined entitlement and not amount of fees). Therefore we dismiss the portion of Miller's appeal challenging the finding of entitlement to attorneys fees.

AFFIRMED in part; DISMISSED in part.

HARRIS, J.

GROSSHANS and SASSO, JJ., concur.

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