Florida’s First District Court of Appeal recently clarified a common appellate issue in United Faculty of Florida v. FSU Board of Trustees & PERC: when an attorney’s fee order is appealable. In that case, the Court dismissed the portion of the appeal challenging an attorney fee ruling because it addressed only entitlement, not the fee amount.
For Florida lawyers and litigants searching for guidance on Florida attorney’s fee appeals, this case reinforces a core rule: An attorney’s fee order granting only entitlement is not appealable; only a final order awarding a specific fee amount is appealable in Florida. Yampol v. Turnberry Isle South Condo. Assoc., Inc., 250 So. 3d 835, 837 (Fla. 3d DCA 2018).
Why Fee Entitlement Orders Are Not Appealable
Under Florida’s final judgment rule, a court or agency’s order resolving only entitlement—and reserving jurisdiction to decide the amount—remains nonfinal, meaning there is still judicial labor to be done and the appellate court lacks jurisdiction. This rule protects appellate courts from premature appeals and prevents piecemeal litigation.
When a Fee Order Is Appealable: The Amount Award
An attorney’s fee order in Florida becomes appealable only when the tribunal enters:
- A sum certain,
- A final order,
- Fully resolving the fee amount.
HSBC Bank USA, N.A. v. Buset, 216 So. 3d 701, 704 (Fla. 3d DCA 2017).
Thus, once the amount is fixed, the order becomes a final, appealable judgment, allowing the party to challenge both the amount and the entitlement determination that preceded it. This is why the First DCA in United Faculty of Florida dismissed the fee entitlement challenge: PERC had reserved jurisdiction to set the amount.
Key Takeaway
If the order only states who is entitled to fees, Florida law treats it as nonfinal and nonappealable. When the court or agency enters a specific dollar amount, that fee order becomes a final appealable judgment.
For lawyers and parties navigating Florida attorney’s fee appeals, understanding this entitlement versus award distinction avoids costly jurisdictional dismissals and keeps the appellate process on track.
Jonathan Taylor is the Director of Appeals with The Law Offices of Moffa, Sutton, & Donnini, P.A. Mr. Taylor concentrates in the areas of Florida tax appeals and general administrative appeals. Mr. Taylor can be reached at 954-234-2884 or jonathantaylor@floridasalestax.com.