Collier County v. Phillippi

Annotate this Case

Download PDF

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT COLLIER COUNTY, a political subdivision of the State of Florida, Appellant, v. PENNY PHILLIPPI, Appellee. ) ) ) ) ) ) ) ) ) ) ) Case No. 2D14-5805 Opinion filed December 9, 2015. Appeal from the Circuit Court for Collier County; James R. Shenko, Judge. Colleen M. Greene of Collier County Attorney's Office, Naples and Gregory N. Woods of Woods, Weidenmiller, Michetti & Rudnick, P.L., Naples, for Appellant. Joseph D. Stewart of Joseph D. Stewart, P.A., Naples, for Appellee. PER CURIAM. We dismiss Collier County's appeal of the circuit court's order granting Penny Phillippi entitlement to recover her attorney's fees, because the order reserved jurisdiction to determine the amount. See McIlveen v. McIlveen, 644 So. 2d 612, 612 (Fla. 2d DCA 1994) ("[A]n order which only determines the right to attorney's fees without setting the amount is a nonappealable, nonfinal order."). We affirm on all other issues raised in this appeal. See Collier Cty. v. Curry, 166 So. 3d 967 (Fla. 2d DCA 2015); cf. City of Miami v. Bus Benches Co., 174 So. 2d 49, 52-53 (Fla. 3d DCA 1965) ("A municipality is bound to recognize its contracts, the same as an individual and one, party to a contract with a municipality, is entitled to the constitutional protection against impairment of it if the municipality attempts to unilaterally change its obligations under a valid agreement." (citations omitted)). Affirmed in part; dismissed in part. WALLACE, CRENSHAW, and LUCAS, JJ., Concur. -2-

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.