MACCHITELLI v. GAFFNEY (2026)

District Court of Appeal of Florida, Second District.

James J. MACCHITELLI, Petitioner, v. Teresa Marie GAFFNEY; Phillip A. Bauman, administrator ad litem of the Estate of John J. Gaffney, deceased; and Michael Ryan Kangas, successor administrator ad litem of the Estate of John J. Gaffney, deceased, Respondents.

No. 2D2025-1735

Decided: September 18, 2026

James J. Macchitelli, pro se. Michael Ryan Kangas, pro se. No appearance by remaining Respondents.

Attorney James Macchitelli seeks certiorari review of the postjudgment sanctions order rendered June 25, 2025. We treat this certiorari proceeding as a direct appeal. See Fla. R. App. P. 9.040(c); cf. Graham v. Graham, 898 So. 2d 210, 211 (Fla. 2d DCA 2005); Delgado v. Hearn, 805 So. 2d 1017, 1017 (Fla. 2d DCA 2001). To the extent that Mr. Macchitelli challenges the trial court's finding of entitlement to attorney's fees and costs, we dismiss for lack of jurisdiction because the trial court did not set the amount. See SP Healthcare Holdings, LLC v. Surgery Ctr. Holdings, LLC, 208 So. 3d 775, 781-82 (Fla. 2d DCA 2016). The sanctions order is otherwise affirmed.

Affirmed in part; dismissed in part.

BLACK, Judge.

KELLY and GUARD, JJ., Concur.

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