Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
If a Florida family court orders that a party is entitled to an award of attorney’s fees from the other party, but reserves ruling on the amount of fees, can the order dictating entitlement be appealed? This was an issue in the case Weinstein v. Weinstein, 4D2024-2244 (Fla. 4th DCA October 29, 2025).
In this case, the former wife was awarded attorney’s fees and costs from the former husband in an amount to be determined. The appellate court held “The former husband’s appeal of the trial court’s finding of entitlement to attorney’s fees is premature.” The court cited: “A finding of entitlement to attorney’s fees without a determination of the amount of fees is not appealable.” See Dania Beach Boat Club Condo. Ass’n, Inc. v. Forcier, 290 So. 3d 99, 102 (Fla. 4th DCA 2020).” The court therefore dismissed that portion of the appeal for lack of jurisdiction.
Nothing in this article can be taken as legal advice. Schedule your consultation with a Miami divorce lawyer to get specific legal advice about your situation.