CHANG v. LOCAL 1403 METRO DADE FIRE FIGHTERS (2022)

In this appeal from an order of the Public Employees Relations Commission, the only issue is whether the Commission abused its discretion in awarding attorney's fees and costs to Appellee, a firefighter union, after dismissing an unfair labor practice charge by Appellant, one of Appellee's members. This court has held that administrative orders finally disposing of claims for fees and costs are reviewable as “final agency action” pursuant to section 120.68(1), Florida Statutes. Bd. of Trs. of Internal Improvement Tr. Fund v. Support Terminals Operating P'ship, L.P., 776 So. 2d 337, 338–39 (Fla. 1st DCA 2001). However, while the Commission's order finds an entitlement to attorney's fees, it reserves jurisdiction to hold a hearing to determine the amount. This reservation of jurisdiction renders the attorney's fee portion of the order nonfinal and nonappealable. See Ness v. Martinez, 249 So. 3d 754, 759 (Fla. 1st DCA 2018) (holding that an appellate court lacks jurisdiction to review an attorney's fee award until both the issues of entitlement and amount are ruled upon); Fla. R. App. P. 9.190(a) (“Judicial review of administrative action shall be as in civil cases except as specifically modified by this rule.”). Accordingly, this appeal is dismissed for lack of jurisdiction.

Dismissed.

Per Curiam.

Ray, Winokur, and Jay, JJ., concur.