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Zurich American Insurance Co. v. Fabrigas, S.A.

Citations: 43 So. 3d 850; 2010 Fla. App. LEXIS 12727; 2010 WL 3418343Docket: No. 3D10-637

Court: District Court of Appeal of Florida; September 1, 2010; Florida; State Appellate Court

Narrative Opinion Summary

The appeal concerning an order that grants the appellee the right to recover attorney's fees from the appellant, without specifying the amount, is dismissed without prejudice due to its premature nature. Cited precedents include *Archbishop Coleman F. Carroll High Sch. Inc. v. Maynoldi*, *Lynbrook Courts Condo. Assoc. Inc. v. Direct Indus. Service Supply*, and *Gonzalez Eng’g, Inc. v. Miami Pump Supply Co. Inc.*, all from the Florida 3rd District Court of Appeal, which support the dismissal. The court's decision emphasizes that an appeal regarding the entitlement to fees, absent a defined amount, cannot proceed at this stage.

Legal Issues Addressed

Precedent Cases Supporting Dismissal of Premature Appeals

Application: The decision to dismiss the appeal is supported by precedents from the Florida 3rd District Court of Appeal, highlighting consistent judicial reasoning in similar cases.

Reasoning: Cited precedents include Archbishop Coleman F. Carroll High Sch. Inc. v. Maynoldi, Lynbrook Courts Condo. Assoc. Inc. v. Direct Indus. Service Supply, and Gonzalez Eng’g, Inc. v. Miami Pump Supply Co. Inc., all from the Florida 3rd District Court of Appeal, which support the dismissal.

Premature Appeal of Attorney's Fees Order

Application: The court dismissed the appeal because the order granting the right to recover attorney's fees did not specify the amount, making it premature for appeal.

Reasoning: The appeal concerning an order that grants the appellee the right to recover attorney's fees from the appellant, without specifying the amount, is dismissed without prejudice due to its premature nature.

Requirement for Specified Amount in Attorney's Fees Orders

Application: The case underscores the necessity for an attorney's fees order to include a specific amount before it can be appealed.

Reasoning: The court's decision emphasizes that an appeal regarding the entitlement to fees, absent a defined amount, cannot proceed at this stage.