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676 So. 2d 49·
Fla. 5th DCA·
1996-06-28
·cited 13×
The court affirmed the temporary awards of costs and attorney's fees, finding no abuse of discretion.
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354 So. 2d 464·
Fla. 1st DCA·
1978-01-31
·cited 12×
A Florida appellate court affirmed a trial court's award of permanent alimony to a wife in a dissolution of marriage. The husband argued that the wife, who had a college degree and was capable of earning income, should receive only rehabilitative alimony rather than permanent ali
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227 So. 3d 730·
Fla. 3d DCA·
2017-09-20
·cited 11×
Jose Ortiz appeals the trial court's award of statutory pre-judgment attorney's fees to his former wife in a dissolution of marriage action. The court affirmed that the former wife did not waive her right to attorney's fees through a partial settlement agreement, but reversed and
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216 So. 3d 1·
Fla. 4th DCA·
2017-01-27
·cited 11×
The Fourth District Court of Appeal overruled its prior precedent in Gilbertson v. Boggs and held that section 742.045, Florida Statutes, unambiguously authorizes awards of attorney's fees in appellate proceedings in paternity actions. The court granted the appellee's motion for
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138 So. 3d 1115·
Fla. 4th DCA·
2014-05-14
·cited 11×
The Fourth District Court of Appeal reversed the trial court's denial of a former husband's petition to modify alimony based on multiple sclerosis (MS), holding that mere knowledge of a possibility of deterioration does not constitute contemplation of the actual change that occur
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225 So. 3d 1002·
Fla. 1st DCA·
2017-09-13
·cited 10×
The court held that a trial court must make specific factual findings regarding a spouse's need and the other spouse's ability to pay before ordering temporary support, and cannot order a non-party company to pay a stipend to a spouse.
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204 So. 3d 498·
Fla. 4th DCA·
2016-08-03
·cited 10×
The Fourth District Court of Appeal reversed and remanded a final judgment of dissolution of marriage, finding that the trial court erred in awarding only bridge-the-gap alimony instead of applying the rebuttable presumption favoring permanent alimony in a 19-year marriage, and f
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190 So. 3d 1144·
Fla. 2d DCA·
2016-05-04
·cited 10×
In this post-dissolution child support and fees case, the Second District Court of Appeal reversed a trial court's February 2014 order on multiple grounds: retroactive child support was ordered before the modification petition was filed, required income findings were absent, visi
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187 So. 3d 359·
Fla. 4th DCA·
2016-03-16
·cited 10×
The court held that attorney's fee awards must contain express findings regarding the reasonableness of hours expended and the hourly rate, and that the trial court failed to make such findings or determine entitlement under the correct statute.
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738 So. 2d 485·
Fla. 4th DCA·
1999-08-04
·cited 10×
The court held that the trial court erred in denying appellate attorney's fees based on Spano, as the instant case falls under Chapter 61, authorizing such fees.
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435 So. 2d 913·
Fla. 4th DCA·
1983-07-20
·cited 10×
A trial court cannot retry issues of need and ability to pay for attorney's fees when an appellate court has already determined entitlement and remanded solely for assessment of the fee amount.
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297 So. 3d 700·
Fla. 1st DCA·
2020-06-15
·cited 9×
The appellate court reversed a final judgment of dissolution of marriage, finding the trial court abused its discretion in awarding durational alimony and denying retroactive child support. The court remanded the case for further proceedings to properly consider these issues.
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222 So. 3d 584·
Fla. 4th DCA·
2017-07-05
·cited 9×
In this dissolution of marriage appeal, the Fourth District Court of Appeal reversed and remanded on multiple issues, holding that the trial court erred by failing to apply the rebuttable presumption of permanent alimony in a long-term marriage, improperly excluding husband's val
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2 So. 3d 987·
Fla. 2d DCA·
2008-11-05
·cited 9×
In this family law appeal, the husband challenges a temporary relief order awarding the wife $10,000 per month in alimony, $1,009 per month in child support, and $82,141.75 in temporary attorney's fees and costs. The appellate court affirmed the alimony and child support awards b
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888 So. 2d 81·
Fla. 1st DCA·
2004-11-05
·cited 8×
In this family law appeal, the husband challenges the trial court's award of retirement benefits derived from his premarital military service and attorney's fees awarded to the wife in a contempt proceeding. The appellate court reversed, holding that marital funds set aside but n
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586 So. 2d 1315·
Fla. 5th DCA·
1991-10-03
·cited 8×
An appellate court has authority under section 61.16 to award interim costs and attorney's fees to an impecunious appellant in a dissolution proceeding, but only upon a showing that the appeal is brought in good faith and has reasonable grounds for success. The cost of obtaining
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558 So. 2d 171·
Fla. 5th DCA·
1990-03-15
·cited 8×
The trial court erred in awarding appellate attorney's fees without considering the wife's need and the husband's ability to pay, and in enhancing the fee based solely on results obtained.
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477 So. 2d 67·
Fla. 1st DCA·
1985-10-30
·cited 8×
In a dissolution of marriage case, the Florida District Court of Appeal reversed the trial court's alimony award based on a fixed mathematical formula, holding that permanent periodic alimony must be determined by considering multiple statutory factors including need, ability to
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442 So. 2d 351·
Fla. 1st DCA·
1983-12-08
·cited 8×
The trial court did not abuse its discretion in awarding the marital home to the wife as lump sum alimony, awarding her custody of the minor child, and ordering the husband to pay her attorney's fees and costs. The award was equitable under Florida law because the husband's busin
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333 So. 3d 215·
Fla. 4th DCA·
2022-01-12
·cited 7×
The appellate court affirmed the trial court's equitable distribution and denial of alimony, finding that any errors in using the separation date instead of the petition filing date were harmless. The court remanded for an amended judgment to correctly identify the marriage as lo
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278 So. 3d 783·
Fla. 2d DCA·
2019-08-09
·cited 7×
Cynthia Mae Allen appealed a final judgment of dissolution of marriage, challenging the trial court's denial of her request for attorney's fees under Florida Statute section 61.16. The Second District Court of Appeal reversed the denial of attorney's fees because the trial court
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243 So. 3d 1052·
Fla. 1st DCA·
2018-04-25
·cited 7×
Jack De La Piedra appeals a temporary order in his dissolution of marriage proceedings that required him to pay alimony, child support, and attorney's fees. The appellate court reversed, finding the trial court abused its discretion by awarding amounts that exceeded the appellant
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214 So. 3d 769·
Fla. 2d DCA·
2017-03-24
·cited 7×
Jennifer Myrick appealed a trial court order denying her attorney fees and requiring her to pay nearly all of her ex-husband's attorney fees ($96,326.24) in a post-dissolution child custody modification proceeding. The Florida appellate court affirmed the denial of the former wif
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107 So. 3d 1246·
Fla. 1st DCA·
2013-02-27
·cited 7×
The officers' use of deadly force to terminate a dangerous high-speed car chase did not violate the Fourth Amendment, and even if it had, they were entitled to qualified immunity because they violated no clearly established law.
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981 So. 2d 557·
Fla. 3d DCA·
2008-05-07
·cited 7×
Maria Iannuzzelli appealed the denial of attorney's fees and costs in her dissolution of marriage from Daniel Lovett, who had signed a federal Form 1-864 Affidavit of Support to sponsor her immigration. The court affirmed the denial, holding that attorney's fees under federal imm
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264 So. 3d 325·
Fla. 1st DCA·
2019-02-04
·cited 6×
The trial court did not abuse its discretion in awarding the former wife the former husband's 45% marital share of her military pension as permanent lump sum alimony, as the court made sufficient findings of special necessity and unusual circumstances, including the former husban
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228 So. 3d 164·
Fla. 2d DCA·
2017-04-05
·cited 6×
In this marital dissolution appeal, the Florida Second District Court of Appeal reversed the trial court's award of $600 monthly permanent periodic alimony to the Wife, finding it insufficient to meet her basic needs despite the Husband's demonstrated ability to pay. The court he
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201 So. 3d 736·
Fla. 4th DCA·
2016-09-21
·cited 6×
In this family law appeal, the Fourth District Court of Appeal reversed a trial court's dissolution judgment regarding income imputation, alimony, and attorney's fees. The court held that the trial court erred in refusing to impute income to an ex-husband who was voluntarily unem
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179 So. 3d 534·
Fla. 4th DCA·
2015-11-25
·cited 6×
Former husband appealed the trial court's remanded alimony and child support awards, arguing that the court failed to consider all ten statutory factors under Florida Statute § 61.08 and improperly relied on unsworn statements made at a hearing rather than conducting a proper evi
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108 So. 3d 736·
Fla. 5th DCA·
2013-03-08
·cited 6×
In this family law appeal, the Fifth District Court of Appeal reversed an award of attorney's fees to a former wife, finding that the former husband's withdrawal of a custody modification petition did not constitute sufficiently vexatious or frivolous conduct to justify the fee a
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97 So. 3d 934·
Fla. 1st DCA·
2012-09-07
·cited 6×
The court held that the trial court erred in awarding attorney's fees to the former wife because the former husband's petition for modification was not wholly without merit and the financial affidavits did not establish the former wife's need for fees.
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31 So. 3d 970·
Fla. 4th DCA·
2010-04-14
·cited 6×
In this family law appeal, the Fourth District Court of Appeal affirmed an award of attorney's fees to the former wife following the former husband's voluntary dismissal of his modification petition, but reversed the award of attorney's fees for the denied holiday visitation moti
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21 So. 3d 170·
Fla. 2d DCA·
2009-11-13
·cited 6×
Sean McCann appeals a trial court order awarding $1,500 per month in temporary alimony to his wife. The appellate court affirmed the trial court's imputation of $1,000 in monthly income based on rent-free housing but reversed the alimony award as exceeding his ability to pay, rem
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971 So. 2d 1040·
Fla. 2d DCA·
2008-01-16
·cited 6×
In a dissolution of marriage case, the trial court awarded the Wife $82,752.28 in attorney's fees based on an equitable distribution scheme that was previously reversed on appeal. The appellate court reverses the fee award and remands for reconsideration under the new equitable d
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911 So. 2d 870·
Fla. 2d DCA·
2005-09-28
·cited 6×
In the third appeal of a contentious dissolution of marriage proceeding, the appellate court reversed and remanded the trial court's second amended final judgment because the trial court failed to comply with the court's previous mandate regarding alimony, equitable distribution,
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883 So. 2d 348·
Fla. 3d DCA·
2004-09-22
·cited 6×
In a dissolution of marriage proceeding, the trial court awarded a homemaker wife $120,000 in temporary attorney's fees and $15,000 in accounting costs to equalize representation against her high-earning attorney husband. The appellate court affirmed, holding that Florida law per
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695 So. 2d 381·
Fla. 4th DCA·
1997-03-26
·cited 6×
The Florida Fourth District Court of Appeal, sitting en banc, reaffirmed its panel decision on appellate attorney's fees in a matrimonial dispute, clarifying that a grant of appellate attorney's fees under section 61.16 constitutes only a preliminary determination of entitlement
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620 So. 2d 1293·
Fla. 4th DCA·
1993-06-16
·cited 6×
The court held that the trial court abused its discretion in awarding attorney's fees to the wife despite a prenuptial agreement waiving such fees, given her substantial assets and lack of need. The court also reversed an award of temporary support pending appeal.
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604 So. 2d 940·
Fla. 4th DCA·
1992-09-23
·cited 6×
In this divorce case, the husband appealed the trial court's award of temporary attorney's fees to the wife. The appellate court affirmed, holding that the trial court properly exercised its discretion under Florida law by finding the wife had a need for attorney's fees and the h
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462 So. 2d 883·
Fla. 2d DCA·
1985-02-01
·cited 6×
The court held that the trial court's lump sum alimony award was insufficient and should be supplemented with permanent periodic alimony to meet the appellant's needs.
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362 So. 2d 344·
Fla. 1st DCA·
1978-08-09
·cited 6×
Wife's appeal of a child support modification order is partially successful: the trial court's award of a $25 monthly increase is upheld as not an abuse of discretion, but the court erred in awarding the federal income tax deduction to husband and in denying wife's attorney's fee
-
316 So. 2d 322·
Fla. 4th DCA·
1975-07-11
·cited 6×
Pamela King appealed a divorce judgment that awarded her rehabilitative alimony of $25/week for one year. The Fourth District Court of Appeal reversed the rehabilitative alimony award and substituted permanent alimony at the same amount, finding that the wife's custody of two you
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338 So. 3d 267·
Fla. 4th DCA·
2022-02-09
·cited 5×
The appellate court reversed a trial court's award of attorney's fees to the former husband and reversed a child support calculation error. The court found the trial court failed to make proper findings for attorney's fees based on vexatious litigation and miscalculated child sup
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305 So. 3d 703·
Fla. 3d DCA·
2020-05-13
·cited 5×
The appellate court affirmed the denial of attorney's fees for the former wife, finding she had the ability to pay and lacked need. However, it reversed the denial of costs, holding that a voluntary dismissal by the former husband mandated an award of taxable costs to the former
-
284 So. 3d 1083·
Fla. 4th DCA·
2019-11-13
·cited 5×
The trial court's alimony termination decision was supported by competent, substantial evidence of a substantial, unanticipated, involuntary, and permanent change in circumstances; however, the court erred by failing to make statutorily required findings under section 61.08(2), a
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203 So. 3d 932·
Fla. 2d DCA·
2016-08-24
·cited 5×
In this Florida family law appeal, the wife challenged a final judgment of dissolution involving alimony and equitable distribution awards. The appellate court found significant portions of the judgment were unsupported by competent evidence and inconsistent with the trial court'
-
150 So. 3d 1226·
Fla. 4th DCA·
2014-11-19
·cited 5×
In this marital dissolution modification case, the former husband appealed a trial court order reducing his alimony obligation rather than terminating it despite his claimed inability to pay. The Fourth District affirmed, holding that the trial court properly balanced the former
-
898 So. 2d 145·
Fla. 4th DCA·
2005-03-09
·cited 5×
In this dissolution of marriage appeal, the Fourth District Court of Appeal addressed whether the trial court properly calculated child support without deducting the father's alimony obligation from his gross income, and whether an antenuptial agreement can completely waive attor
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766 So. 2d 1102·
Fla. 2d DCA·
2000-08-11
·cited 5×
Linda Riggs appealed the trial court's denial of her request to increase child support and attorney's fees against Charles Lowrance. The appellate court held that Riggs established a substantial change of circumstances through undisputed evidence of the father's increased income,
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262 So. 3d 223·
Fla. 1st DCA·
2018-12-14
·cited 4×
A former husband appeals a trial court's non-final order awarding temporary spousal support and child support in a marital dissolution case. The appellate court finds that the trial court violated the husband's due process rights by failing to hold a hearing on his exceptions to