IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PINELLAS COUNTY, FLORIDA
APPELLATE DIVISION
DANITA KOSTA,
Appellant,
vs. Appeal No. 98-8088-CI-88A
Consolidated with
Appeal No. 99-1189-CI-88B
MINDY JOHNSON,
Appellee.
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THIS CAUSE came before the Court on Appellant’s Motion For Attorney’s Fees And Costs, filed on December 27, 1999. The Court entered its Order and Opinion on July 21, 2000, remanding the cause of action for a jury trial, as the lower court had failed to institute a jury trial at the request of the Appellant, in violation of her constitutional rights.
The Appellant cites to Florida Statutes §83.48(2000), as grounds for which attorney’s fees and costs may be awarded. However, the Court can not award attorney’s fees and costs at this time as the Appellant has the potential of receiving an adverse ruling on remand. See Mainlands Construction Co., Inc. v. Wen-Dic Construction Co., Inc., 482 So.2d 1369, 1370-71 (Fla. 1986)(holding that a resolution of the right to attorney’s fees can not be made until the litigation is concluded). It is therefore
ORDERED AND ADJUDGED that the Motion For Attorney’s Fees And Costs is denied.
DONE AND ORDERED in Chambers, at Clearwater, Pinellas County, Florida this 1st day of September 2000.
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CHARLES W. COPE
Circuit Judge, Appellate Division
Copy Furnished To:
David J. Gruskin, Esquire
2719 First Avenue North
St. Petersburg, Florida 33713
Attorney for Appellant
William H. Walker, Esquire
501 First Avenue North, Suite 403
St. Petersburg, Florida 33701
Attorney for Appellee