GUSTAVO LA ROSA
v.
KAREN LA ROSA
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A trial court may find vexatious litigation in a former husband's pursuit and last-minute withdrawal of a contempt motion, but must conduct an evidentiary hearing and apply the Rosen factors before awarding attorney's fees.
[1] In a dissolution proceeding, an award of attorney's fees must be supported by competent, substantial evidence presented at an evidentiary hearing, and the trial court mus…
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Citation to Caryi v. Caryi regarding the evidentiary requirement for attorney's fees in family law cases
Gustavo La Rosa, a former husband, pursued a motion for contempt against his former wife Karen La Rosa but withdrew it at the last minute. The trial c…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
GUSTAVO LA ROSA,
Appellant,
v. Case No. 5D18-3935
KAREN LA ROSA,
Appellee.
________________________________/
Opinion filed June 7, 2019
Appeal from the Circuit Court for Lake County,
G. Richard Singeltary, Judge.
Gustavo La Rosa, Ocala, pro se.
Pamela J. Helton and Barry V. Newton, Jr., of Law Office of Pamela J. Helton, P.A., Clermont, for Appellee.
PER CURIAM.
We affirm the trial court’s finding that the former husband engaged in vexatious and unnecessary litigation in his pursuit, and then last-minute withdrawal, of his motion for contempt against the former wife. However, it was error for the trial court to set the amount of fees prior to affording either party the opportunity to present evidence on the matter. Caryi v. Caryi, 83 So. 3d 960, 961 (Fla. 5th DCA 2012) (holding that fee award in dissolution proceeding must be supported by competent, substantial evidence).
2
On remand, the trial court is directed to conduct an evidentiary hearing to determine the amount of attorney’s fees, if any, to be paid by the former husband after giving due consideration to the factors set forth in Rosen v. Rosen, 696 So. 2d 697, 700 (Fla. 1997). The other issues raised on appeal are without merit.
AFFIRMED, in part; REVERSED, in part; REMANDED.
EVANDER, C.J., LAMBERT and GROSSHANS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Rosen v. Rosen, 696 So. 2d 697 (Fla. 1997)
- Caryi v. Caryi, 83 So. 3d 960 (Fla. 5th DCA 2012)