DIEGO MAURICIO SERNA
v.
CAROLINA BOTERO

Fla. 5th DCA | 2020-01-10
No. 19-1765
Tennis, J., Harris, J., Lambert, J., Sasso, J.
Florida District Court of Appeal, Fifth District (2020)

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Holding

A trial court's imputation of income for child support purposes is affirmed when supported by competent, substantial evidence, and an appeal regarding attorney's fees entitlement is dismissed as unripe when the court has not determined the amount of fees.


Headnotes

[1] An appeal challenging attorney's fees entitlement is not ripe for appellate consideration when the trial court has determined only that a party is entitled to fees but ha…

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Facts & Procedural History

Diego Serna appealed a third amended supplemental final judgment of modification in a family law matter. The trial court imputed income to Serna for c…

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Opinion of the Court
Harris

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

DIEGO MAURICIO SERNA,

Appellant,

v. Case No. 5D19-1765

CAROLINA BOTERO,

Appellee.

________________________________/

Opinion filed January 10, 2020

Appeal from the Circuit Court for Orange County, Diana Michelle Tennis, Judge.

Javier D. Alvarez, of Alvarez, Alvarez & Alvarez, PLLC, Kissimmee, for Appellant.

Carolina Botero, Orlando, pro se.

HARRIS, J.

Diego Serna appeals the third amended supplemental final judgment of modification which, among other things, imputed income to him for purposes of calculating child support. Because the trial court’s findings and calculations were based on competent, substantial evidence, we affirm in all respects, with one exception. Serna also challenges the trial court’s determination that he had a greater ability to pay attorney’s fees than his wife. Because the trial court only determined entitlement and did

AFFIRMED in part; DISMISSED in part.

LAMBERT and SASSO, JJ., concur.

Footnotes
2 not determine the amount of fees, this issue is not ripe for appellate consideration. See Crowell v. Crowell, 72 So. 3d 804 (Fla. 5th DCA 2011); Revier v. Revier, 45 So. 3d 570, 571 (Fla. 4th DCA 2010). We therefore dismiss that portion of Serna’s appeal.

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