Collier County v. Phillippi , 2015 Fla. App. LEXIS 18374 ( 2015 )


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  •                NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
    MOTION AND, IF FILED, DETERMINED
    IN THE DISTRICT COURT OF APPEAL
    OF FLORIDA
    SECOND DISTRICT
    COLLIER COUNTY, a political                  )
    subdivision of the State of Florida,         )
    )
    Appellant,                     )
    )
    v.                                           )         Case No. 2D14-5805
    )
    PENNY PHILLIPPI,                             )
    )
    Appellee.                      )
    )
    Opinion filed December 9, 2015.
    Appeal from the Circuit Court for Collier
    County; James R. Shenko, Judge.
    Colleen M. Greene of Collier County
    Attorney's Office, Naples and Gregory N.
    Woods of Woods, Weidenmiller, Michetti &
    Rudnick, P.L., Naples, for Appellant.
    Joseph D. Stewart of Joseph D. Stewart,
    P.A., Naples, for Appellee.
    PER CURIAM.
    We dismiss Collier County's appeal of the circuit court's order granting
    Penny Phillippi entitlement to recover her attorney's fees, because the order reserved
    jurisdiction to determine the amount. See McIlveen v. McIlveen, 
    644 So. 2d 612
    , 612
    (Fla. 2d DCA 1994) ("[A]n order which only determines the right to attorney's fees
    without setting the amount is a nonappealable, nonfinal order."). We affirm on all other
    issues raised in this appeal. See Collier Cty. v. Curry, 
    166 So. 3d 967
    (Fla. 2d DCA
    2015); cf. City of Miami v. Bus Benches Co., 
    174 So. 2d 49
    , 52-53 (Fla. 3d DCA 1965)
    ("A municipality is bound to recognize its contracts, the same as an individual and one,
    party to a contract with a municipality, is entitled to the constitutional protection against
    impairment of it if the municipality attempts to unilaterally change its obligations under a
    valid agreement." (citations omitted)).
    Affirmed in part; dismissed in part.
    WALLACE, CRENSHAW, and LUCAS, JJ., Concur.
    -2-
    

Document Info

Docket Number: 2D14-5805

Citation Numbers: 180 So. 3d 217, 2015 Fla. App. LEXIS 18374, 2015 WL 8326438

Judges: Wallace, Crenshaw, Lucas

Filed Date: 12/9/2015

Precedential Status: Precedential

Modified Date: 10/19/2024