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Schwenzer v. School of Visual Arts

District Court of Appeal of Florida, Second District
Mar 4, 1998
706 So. 2d 941 (Fla. Dist. Ct. App. 1998)

Opinion

No. 97-02176.

Filed March 4, 1998.

Appeal from the Circuit Court for Polk County; J. Tim Strickland, Judge.

David I. Katzman and John D. McClune of Schaden, Katzman Lampert, Broomfield, CO, for Appellant.

Raymond A. Haas of Haas, Ramey Biek, P.A., Tampa, for Appellee.


Maria C. Schwenzer, as personal representative of the estate of Brad Randall, deceased, appeals the final judgment which granted the School of Visual Arts' motion for directed verdict in this wrongful death action. We affirm the final judgment with the exception of that portion of the final judgment which reserves jurisdiction to determine the amount of attorney's fees and costs based upon an offer of judgment. The appeal of this issue must be dismissed for lack of jurisdiction because, until the amount of fees is awarded, that portion of the order is a non-appealable nonfinal order. See Scullin v. City of Pensacola, 667 So.2d 215 (Fla. 1st DCA 1995).

We dismiss the appeal to the extent that the order reserves the trial court's jurisdiction on attorney's fees and costs. The final judgment, however, is affirmed in all other respects.

Dismissed in part; affirmed in part.

PARKER, C.J., and FRANK and THREADGILL, JJ., concur.


Summaries of

Schwenzer v. School of Visual Arts

District Court of Appeal of Florida, Second District
Mar 4, 1998
706 So. 2d 941 (Fla. Dist. Ct. App. 1998)
Case details for

Schwenzer v. School of Visual Arts

Case Details

Full title:Maria C. SCHWENZER, Appellant, v. SCHOOL OF VISUAL ARTS, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Mar 4, 1998

Citations

706 So. 2d 941 (Fla. Dist. Ct. App. 1998)