TOMASITA D. CROWELL, APPELLANT,
v.
TODD C. CROWELL, APPELLEE

Fla. 5th DCA | 2011-10-21
No. 5D10-2198
GRIFFIN, TORPY and EVANDER, JJ., concur.
72 So. 3d 804 Florida District Court of Appeal, Fifth District (2011) Positive Treatment
Cited by 3 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Tomasita Crowell, the former wife, appeals from an order dismissing her supplemental petition for modification that was entered at the conclusion of opening statements. We reverse. The former wife’s petition alleged sufficient grounds to support a modification as to child support, time-sharing schedule, and parental responsibility for decisions regarding the minor child’s healthcare. Therefore she should have been afforded the opportunity to try to prove her case.

However, we dismiss the former wife’s appeal of the trial court’s order awarding attorney’s fees to the former husband. Because the trial court only determined entitlement and did not determine the amount of fees, this issue is not ripe for appellate consideration. Revier v. Revier, 45 So.3d 570, 571 (Fla. 4th DCA 2010).

REVERSED and REMANDED in part; DISMISSED in part.

GRIFFIN, TORPY and EVANDER, JJ., concur.


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    …rial court denied the motion, and the jury found appellant guilty as charged. He was sentenced to ten years in prison. The applicable standard of review for a trial court’s decision on a motion for judgment of acquittal is de novo. Harris v. State, 72 So. 3d 804, 806 (Fla. 4th DCA 2011). Ordinarily, an appellate court will not reverse a conviction that is supported by competent, substantial, evidence. Id. A conviction is supported by sufficient evidence where, after viewing the evidence in the light most fa…
  • Donte Ahmad McCray v. State, 256 So. 3d 878 (Fla. 4th DCA 2018)
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