Martinez v. Jinks, C.L. Jinks, Jr. Revocable Trust

FIRST D ISTRICT COURT OF APPEAL
S TATE OF FLORIDA
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No. 1D2024-2787
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J AMES M ARTINEZ ,
Appellant,
v.
RUSSELL M. JINKS, Trustee C.L.
Jinks, Jr. Revocable Trust,
Appellee.
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On appeal from the County Court for Bay County.
Lucas N. Taylor, Judge.
February 4, 2026
P ER C URIAM.
We affirm the final judgment’s award of damages for breach
of contract without further comment. As for Appellant’s challenge
to the award of attorney’s fees to Appellee, the final judgment only
finds that Appellee is entitled to fees as prevailing party without
determining the amount. “An award of attorneys’ fees does not
become final, and, therefore, appealable until the amount is set by
the trial court.” 	Tomlin v. Buccasio, 373 So. 3d 666, 666 (Fla. 1st
DCA 2023) (quoting Mills v. Martinez, 909 So. 2d 340 (Fla. 5th
DCA 2005)). The fee award is therefore not properly before us.
AFFIRMED, in part; DISMISSED, in part.
O STERHAUS, C.J., and LEWIS and BILBREY , JJ., concur.

2
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Not 	final 	until 	disposition 	of 	any 	timely 	and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Jerry L. Rumph, Jr., of Brooks Law, Tallahassee, for Appellant.
Stephen E. Syfrett of Williams & Syfrett, PLLC., Panama City, for
Appellee.