Background
Destiny L. Aguilar appealed an order entered by the Circuit Court for Polk County in a domestic-relations case against Jesus Aguilar, Jr. The trial court’s order included an attorney’s-fee sanction.
The appellate record reflected that the trial court found entitlement to attorney’s fees but had not yet set the amount of the sanction. The appellant also did not adequately develop arguments supporting challenges to the remainder of the order.
The Court’s Holding
The Sixth District dismissed the appeal insofar as it challenged the attorney’s-fee sanction. An order determining entitlement to fees without determining the amount is nonfinal and not yet ripe for appellate review.
The court otherwise affirmed the order in full. It held that claims unsupported by argument, or supported only by conclusory argument, are inadequately presented and waived on appeal.
Key Takeaways
- A fee award is generally not appealable until the trial court determines the amount.
- An appellate challenge must be supported by developed argument; conclusory assertions are waived.
- The underlying Polk County order was affirmed except for the unripe fee-sanction issue, which was dismissed.
Why It Matters
The decision underscores a recurring finality issue in Florida appeals: a party ordinarily must wait until a trial court quantifies attorney’s fees before appealing that portion of an order.
It also reinforces that appellate courts will not construct arguments for litigants, including pro se parties, when the briefing does not adequately present them.