Arthur B. Avery, Jr. v. Phyllis Louise Avery
CourtDistrict Court of Appeal of Florida
Date FiledJanuary 15, 2021
Docket2D19-4323
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
ARTHUR B. AVERY, JR., )
)
Appellant, )
v. ) Case No. 2D19-4323
)
PHYLLIS LOUISE AVERY, )
)
Appellee. )
)
Opinion filed January 15, 2021.
Appeal from the Circuit Court for Polk
County; James A. Yancey, Judge.
Arthur B. Avery, Jr., Pro se.
Jean M. Henne of Jean M. Henne, P.A., of
Winter Haven, for Appellee.
PER CURIAM.
We affirm the final judgment of dissolution of marriage in all respects save
one. The circuit court's determination that the appellee was entitled to an award of
attorney's fees, while reserving jurisdiction as to the amount, is not an issue we can
review. See Wolf v. Wolf, 296 So. 3d 479, 489 (Fla. 2d DCA 2020) ("An order that
determines entitlement to attorney's fees without a determination of the amount is a
nonappealable, nonfinal order."); Lockett v. Lockett, 235 So. 3d 1003, 1006 (Fla. 2d
DCA 2017); McIlveen v. McIlveen, 644 So. 2d 612, 612 (Fla. 2d DCA 1994).
Accordingly, we dismiss the appeal as to that issue.
Affirmed in part; dismissed in part.
CASANUEVA, LaROSE, and LUCAS, JJ., Concur.
-2-