Opinion
Case No. 2D09-691.
Opinion filed January 20, 2010.
Appeal from the Circuit Court for Hillsborough County; Chet A. Tharpe, Judge.
Michael L. Lundy, Michelle A. Ralat, and Matthew L. Lundy of Older Lundy, Attorneys at Law, Tampa, for Appellant/Cross-Appellee.
Lorena L. Kiely, Plant City, for Appellee/Cross-Appellant.
Elizabeth Zuberer appeals the Amended Final Judgment dissolving her marriage to Ernest Zuberer. We find no error in the trial court's rulings on alimony and arrearages. Accordingly, we affirm as to those issues without further discussion. On cross-appeal, Mr. Zuberer challenges the trial court's determination that Mrs. Zuberer is entitled to attorney's fees and costs. The trial court ruled only on entitlement to fees; the issue is not ripe for appeal until the trial court determines the amount of fees. See McIlveen v. McIlveen, 644 So. 2d 612, 612 (Fla. 2d DCA 1994) (holding that an order that determines only the right to attorney's fees without setting the amount is a nonappealable, nonfinal order); Consumer Lightning Prods., Inc. v. Allen Enters., Inc., 911 So. 2d 884, 884 (Fla. 2d DCA 2005). Therefore, we dismiss the cross-appeal as premature.
Affirmed in part, and dismissed in part.
VILLANTI and WALLACE, JJ., Concur.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED