2024-2787•Martinez v. Jinks, C.L. Jinks, Jr. Revocable Trust
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FIRST D ISTRICT COURT OF APPEAL S TATE OF FLORIDA _____________________________ No. 1D2024-2787 _____________________________ J AMES M ARTINEZ , Appellant, v. RUSSELL M. JINKS, Trustee C.L. Jinks, Jr. Revocable Trust, Appellee. _____________________________ 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 _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________ Jerry L. Rumph, Jr., of Brooks Law, Tallahassee, for Appellant. Stephen E. Syfrett of Williams & Syfrett, PLLC., Panama City, for Appellee.
OCR transcription; preserved printed pages are authoritative
FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA No. 1D2024-2787 JAMES MARTINEZ, Appellant, v. RUSSELL M. JINKS, Trustee C.L. Jinks, Jr. Revocable Trust, Appellee. On appeal from the County Court for Bay County. Lucas N. Taylor, Judge. February 4, 2026 PER CURIAM. 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. OSTERHAUS, C.J., and LEWIS and BILBREY, JJ., concur. Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. Jerry L. Rumph, Jr., of Brooks Law, Tallahassee, for Appellant. Stephen E. Syfrett of Williams & Syfrett, PLLC., Panama City, for Appellee.
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