GREGORY FRANK TOTH
v.
STEPHANIE MILLER - TOTH
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When the equitable distribution and other substantive portions of a final judgment in a dissolution case are reversed, the fees and costs awards premised on those portions must also be reversed.
[1] Attorney's fees and costs awards in a dissolution of marriage case must be reversed when the underlying final judgment on which such awards are premised has been reversed…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The reversal and remand of the equitable distribution portion of the final judgment necessitates reversal and remand of the alimony and attorney's fees portions of the final judgment as well.”
Citation to Nolan v. Nolan supporting the principle that reversal of substantive portions requires reversal of dependent fee awards.
Gregory Toth appealed a judgment awarding fees and costs in his dissolution of marriage case. The fees and costs awards were based on findings in an a…
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
GREGORY FRANK TOTH, ) ) Appellant, ) ) v. ) Case No. 2D16-2984 ) STEPHANIE MILLER-TOTH, ) ) Appellee. ) ________________________________ ) Opinion filed October 12, 2018. Appeal from the Circuit Court for Lee County; G. Keith Cary, Judge. Robert L. Donald of Law Office of Robert
L. Donald, Fort Myers, for Appellant.
Margaret H. White-Small of Margaret H. White-Small, Attorney at Law, Sanibel, and Stacy L. Sherman of Stacy L. Sherman, P.A., Cape Coral, for Appellee.
PER CURIAM.
Gregory Toth appeals the judgment for fees and costs in his dissolution of marriage case. The fees and costs awards were premised on findings set forth in the parties' amended final judgment of dissolution. In Toth v. Miller, No. 2D15-3835, 2D16- 289, 2018 WL 4167598 (Fla. 2d DCA Aug. 31, 2018), this court reversed that judgment
other than its provision dissolving the parties' marriage. Accordingly, we reverse the fees and costs judgment. See Nolan v. Nolan, 188 So. 3d 977, 978 (Fla. 1st DCA 2016) ("The reversal and remand of the equitable distribution portion of the final judgment necessitates reversal and remand of the alimony and attorney's fees portions of the final judgment as well."). Reversed. NORTHCUTT, KELLY, and MORRIS, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Nolan v. Nolan, 188 So. 3d 977 (Fla. 1st DCA 2016)
- Parker v. State, 188 So. 3d 977 (Fla. 1st DCA 2016)