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The post below was published on Wednesday, December 22nd, 2010 at 8:18 AM.

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Fourth District: Appealable Orders

The holidays are all around, so here is an easy question for appellate fans. If a trial court dismisses a foreclosure action without prejudice and without leave to amend, and the trial court thereafter denies a motion for attorney’s fees under rule 1.525, is the latter order immediately appealable?

It was in this case. The Fourth District explained that the dismissal constituted a final order and the order denying fees was an appealable non-final order. Notably, the trial court denied the fee motion on grounds that the dismissal, which was entered as a sanction, did not constitute a judgment. The district court reversed that decision.

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