Floyd Marland Tyson v. Tonya P. Tyson
CourtDistrict Court of Appeal of Florida
Date FiledFebruary 17, 2021
Docket1D18-3480
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D18-3480
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FLOYD MARLAND TYSON,
Appellant/Cross-Appellee,
v.
TONYA P. TYSON,
Appellee/Cross-Appellant.
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On appeal from the Circuit Court for Santa Rosa County.
Marci L. Goodman, Judge.
February 17, 2021
PER CURIAM.
Appellant Floyd Marland Tyson appeals the final judgment
dissolving his marriage to Appellee Tonya P. Tyson and asserts
error in the trial court’s classification of assets for the purpose of
equitable distribution. Appellee cross-appeals and challenges the
trial court’s award of attorney’s fees to Appellant. With respect to
the issue raised by Appellant, we affirm the final judgment
without further discussion. We, however, dismiss Appellee’s cross-
appeal because the judgment determines entitlement to attorneys’
fees, but not amount. That portion of the judgment is non-final and
non-appealable, and we lack jurisdiction to review it. Miller v.
Miller, 801 So. 2d 1056, 1057 (Fla. 1st DCA 2001); see also Sunrise
Air, Inc. v. U.S. Bancorp Equip. Fin., Inc., 132 So. 3d 298, 299 (Fla.
4th DCA 2014) (“To the extent appellate review of entitlement to
attorneys’ fees is sought, the appeal is dismissed for lack of
jurisdiction.” (citing GEICO Gen. Ins. Co. v. Williams, 111 So. 3d
240, 246 (Fla. 4th DCA 2013) (“‘[T]he attorney’s fee issue is not
finally resolved or ripe for appellate review until both entitlement
and amount have been determined.’”)).
AFFIRMED in part; DISMISSED in part.
OSTERHAUS, KELSEY, and NORDBY, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Mark A. Bednar, Mark A. Bednar, P.A., Pensacola, for
Appellant/Cross-Appellee.
Laura E. Keene, Beroset & Keene, Pensacola, for Appellee/Cross-
Appellant.
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