Acosta v. Tower Hill Signature Ins. Co. , 245 So. 3d 882 ( 2018 )

Third District Court of Appeal
State of Florida
Opinion filed April 11, 2018.
Not final until disposition of timely filed motion for rehearing.
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Nos. 3D16-2855 & 3D17-605
Lower Tribunal No. 15-7111
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Reynaldo Acosta and Iliana B. Acosta,
Appellants,
vs.
Tower Hill Signature Insurance Company,
Appellee.
Appeals from the Circuit Court for Miami-Dade County, Samantha Ruiz-
Cohen, Judge.
The Monfiston Firm P.A., and Daniel Monfiston, for appellants.
Link & Rockenbach, P.A., and Kara Berard Rockenbach, (West Palm
Beach); Gaebe Mullen Antonelli DiMatteo, and Devang Desai, and Elaine D.
Walter, for appellee.
Before SUAREZ, LAGOA, and LINDSEY, JJ.
LINDSEY, J.
We find no error with regard to the issues raised on appeal relating to the
final judgment entered in favor of Tower Hill Signature Insurance Company and,
therefore, affirm. Because the order granting Tower Hill Signature Insurance
Company’s entitlement to attorney’s fees and costs from Reynaldo Acosta and
Iliana B. Acosta did not establish an amount, it was a non-final, non-appealable
order that is not ripe for our review. As such, we are without jurisdiction to
address the portion of the appeal relating to attorney’s fees. See Diaz v. Citizens
Prop. Ins. Corp., 227 So. 3d 735, 736-37 (Fla. 3d DCA 2017) (“[W]e are without
jurisdiction to address the portion of the appeal relating to attorney’s fees . . . .
because no amount has been fixed by the trial court and the part of the final
judgment that finds entitlement thereto is not ripe for our review.” (first citing
Kling Corp. v. Hola Networks Corp., 127 So. 3d 833, 833 (Fla. 3d DCA 2013));
then citing Mills v. Martinez, 909 So. 2d 340, 342 (Fla. 5th DCA 2005); and then
citing Chaiken v. Suchman, 694 So. 2d 115, 117 (Fla. 3d DCA 1997)). “Nor is
such an order one of the enumerated appealable non-final orders set forth in
Florida Rule of Appellate Procedure 9.130.” Id. at 737 (quoting Kling Corp., 127
So. 3d at 833); see Fla. R. App. P. 9.130(a)(3). Accordingly, the appeal with
respect to attorney’s fees is dismissed without prejudice.
Affirmed in part; dismissed in part.
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