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Fla. L. Weekly D2492aTop of Form
Fla. L. Weekly D2492aTop of Form
Appeals
— Attorney’s fees — Order determining entitlement to attorney’s fees and
costs, but providing for determination of amount of fees at subsequent hearing
is not appealable
— Attorney’s fees — Order determining entitlement to attorney’s fees and
costs, but providing for determination of amount of fees at subsequent hearing
is not appealable
MAGNOLIA FLORIDA TAX CERTIFICATES,
ET AL., Appellants, v. ALEXA1, a FLORIDA GENERAL PARTNERSHIP, and ALL SIMILARLY
SITUATED FLORIDA GENERAL PARTNERSHIPS; MAGNOLIA TC 5, LLC; MAGNOLIA TC 14, LLC;
MAGNOLIA TC 14 NSA, LLC; MAGNOLIA TC 15, LLC; and MAGNOLIA TC 15 NSA, LLC,
FLORIDA DEPARTMENT OF REVENUE; MARCUS SAIZ, as MIAMI-DADE COUNTY TAX COLLECTOR;
BROWARD COUNTY, FLORIDA; ET AL., Appellees. 1st District. Case No. 1D17-3633.
Opinion filed November 27, 2017. An appeal from the Circuit Court for Leon
County. Terry P. Lewis, Judge. Counsel: William S. Bilenky of Manson Bolves
Donaldson Varn, P.A., Tampa, for Appellants. No appearance for Appellee Florida
Department of Revenue. Abigail Price-Williams, Miami-Dade County Attorney, and
Ileana Cruz, Assistant County Attorney, Miami, for Appellee Marcus Saiz de la
Mora, Miami-Dade Tax Collector. No appearance for Appellee Broward County,
Florida.
ET AL., Appellants, v. ALEXA1, a FLORIDA GENERAL PARTNERSHIP, and ALL SIMILARLY
SITUATED FLORIDA GENERAL PARTNERSHIPS; MAGNOLIA TC 5, LLC; MAGNOLIA TC 14, LLC;
MAGNOLIA TC 14 NSA, LLC; MAGNOLIA TC 15, LLC; and MAGNOLIA TC 15 NSA, LLC,
FLORIDA DEPARTMENT OF REVENUE; MARCUS SAIZ, as MIAMI-DADE COUNTY TAX COLLECTOR;
BROWARD COUNTY, FLORIDA; ET AL., Appellees. 1st District. Case No. 1D17-3633.
Opinion filed November 27, 2017. An appeal from the Circuit Court for Leon
County. Terry P. Lewis, Judge. Counsel: William S. Bilenky of Manson Bolves
Donaldson Varn, P.A., Tampa, for Appellants. No appearance for Appellee Florida
Department of Revenue. Abigail Price-Williams, Miami-Dade County Attorney, and
Ileana Cruz, Assistant County Attorney, Miami, for Appellee Marcus Saiz de la
Mora, Miami-Dade Tax Collector. No appearance for Appellee Broward County,
Florida.
(PER CURIAM.) Appellants seek review
of an Order on Miami-Dade County’s Motion for Fees and Costs. The order grants
a motion for attorney’s fees and costs, determining entitlement to fees and
costs, but providing that the amount of fees due is to be determined at a
subsequent evidentiary hearing. The order is not a final order or an otherwise
appealable non-final order. See e.g. Scullin v. City of
Pensacola, 667 So. 2d 215, 216 (Fla. 1st DCA 1995). Accordingly, appellees’
motion to dismiss the appeal for lack of jurisdiction is granted, and the
appeal is hereby dismissed.
of an Order on Miami-Dade County’s Motion for Fees and Costs. The order grants
a motion for attorney’s fees and costs, determining entitlement to fees and
costs, but providing that the amount of fees due is to be determined at a
subsequent evidentiary hearing. The order is not a final order or an otherwise
appealable non-final order. See e.g. Scullin v. City of
Pensacola, 667 So. 2d 215, 216 (Fla. 1st DCA 1995). Accordingly, appellees’
motion to dismiss the appeal for lack of jurisdiction is granted, and the
appeal is hereby dismissed.
Appellants’ Motion for Summary
Disposition is denied as unauthorized. Fla. R. App. P. 9.315(c). (RAY, WINOKUR,
and JAY, JJ., CONCUR.)
Disposition is denied as unauthorized. Fla. R. App. P. 9.315(c). (RAY, WINOKUR,
and JAY, JJ., CONCUR.)
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