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COLLIER COUNTY v. PHILLIPPI, 180 So.3d 217 (2015)

Court: Court of Appeals of Florida Number: inflco20151209142 Visitors: 2
Filed: Dec. 09, 2015
Latest Update: Dec. 09, 2015
Summary: 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 S
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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.

Source:  Leagle

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