Alarcon v. Alarcon

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT VALENTIN ALARCON, JR., ) ) Appellant, ) ) v. ) ) ALEXIS E. ALARCON, ) ) Appellee. ) ___________________________________ ) Case No. 2D13-1476 Opinion filed April 9, 2014. Appeal from the Circuit Court for Lee County; Elisabeth Adams, Judge. Vana Renejuste of Renejuste Law & Associates, Fort Myers, for Appellant. Robert L. Donald of Law Office of Robert L. Donald, Fort Myers, for Appellee. SILBERMAN, Judge. In this postdissolution proceeding, Valentin Alarcon, Jr. (the Former Husband), appeals a supplemental final judgment that modifies timesharing and child support and determines entitlement to attorney's fees in favor of Alexis E. Alarcon (the Former Wife). We affirm without discussion on the timesharing and child support. However, we dismiss the appeal as premature regarding the issue of attorney's fees. Because the trial court's ruling only addressed entitlement to fees and not the amount that the Former Husband is obligated to pay, that portion of the supplemental judgment is not ripe for appeal. See Shadwick v. Shadwick, 39 Fla. L. Weekly D374, D374 (Fla. 2d DCA Feb. 14, 2014); Zuberer v. Zuberer, 28 So. 3d 993, 993-94 (Fla. 2d DCA 2010). Thus, we dismiss the appeal in part as premature with respect to the attorney's fees portion of the supplemental final judgment. Affirmed in part and dismissed in part. BLACK and SLEET, JJ., Concur. -2-

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