Harry Barnett v. Linda Simonet

Summary

The Third District Court of Appeal of Florida affirmed an order denying Harry Barnett's motion for costs because he was not the party recovering judgment and therefore was not entitled to costs under section 57.041, Florida Statutes. The court dismissed for lack of jurisdiction the portion of the appeal challenging an order granting entitlement to attorney's fees and costs because the amount had not yet been determined.

Holdings

1. A party who did not recover a judgment in the underlying action is not entitled to costs under section 57.041, Florida Statutes.
2. An order granting entitlement to attorney's fees and costs without determining the amount of fees or costs is non-final and non-appealable, and an appeal from that order must be dismissed for lack of jurisdiction.

Questions Presented

1. Whether Barnett was entitled to recover costs under section 57.041, Florida Statutes, despite not being the party who recovered judgment in the underlying action.
2. Whether the appellate court had jurisdiction to review an order granting entitlement to attorney's fees and costs without determining the amount of the fees or costs.

Disposition

other