Ashleay Vesper v. U.S. Bank National Association, etc.

OCR transcription; preserved printed pages are authoritative

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT

ASHLEAY VESPER,
Appellant,

Vv.

U.S. BANK NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL
CAPACITY BUT SOLELY AS TRUSTEE FOR THE RMAC TRUST,
SERIES 2016-CTT,

Appellee.

No. 4D2024-1152
[November 12, 2025]

Appeal from the Circuit Court for the Seventeenth Judicial Circuit,
Broward County; Marina Garcia-Wood, Judge; L.T. Case No. CACE18-
018279.

Alexis Fields of Kopelowitz Ostrow Ferguson Weiselberg Gilbert, Fort
Lauderdale, for appellant.

Alec P. Hayes of Troutman Pepper Locke LLP, Atlanta, Georgia, for
appellee.

EWEN, LILLIAN, Associate Judge.

The appellant takes this appeal from a final judgment of foreclosure in
the bank’s favor. The trial court found that the bank is entitled to an
award of attorney’s fees and costs, but the trial court deferred ruling and
reserved jurisdiction to determine amount. On appeal, the appellant
argues only that the trial court erred in awarding fees.

It is well settled that an order determining entitlement to attorney’s fees
but not an amount is not ripe for appellate review. Mark v. Watler, 379
So. 3d 1190 (Fla. 4th DCA 2024); Keldie v. Dennstedt, 330 So. 3d 61, 62
(Fla. 4th DCA 2021); Dania Beach Boat Club Condo. Ass’n, Inc. v. Forcier,
290 So. 3d 99, 102 (Fla. 4th DCA 2020). Therefore, we dismiss the appeal
as it relates to the challenge to the attorney’s fees award without prejudice
and affirm the final foreclosure judgment.

Affirmed in part, dismissed in part without prejudice.

KUNTZ, C.J., and May, J., concur.

* * *

Not final until disposition of timely-filed motion for rehearing.