DAVID RAMOS, APPELLANT,
v.
BEGOÑA LOPEZ, APPELLEE
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PER CURIAM.
The former husband, David Ramos, appeals from an order awarding the former wife, Begona Lopez, her attorney’s fees, costs and suit money in this dissolution of marriage action. Because the final judgment placed the parties in financially equi-poised positions, we reverse. See Gaudette v. Gaudette, 890 So. 2d 1161 (Fla. 5th DCA 2004) (ex-husband should not have been ordered to pay ex-wife’s attorney’s fees where the parties were left in relatively equal financial positions); Bible v. Bible, 597 So. 2d 359 (Fla. 3d DCA 1992) (trial court did not abuse its discretion when it ordered each party to pay their own fees after a near equal distribution of property).
If, on remand, the trial court specifically finds that the former husband has engaged in vexatious, excessive, or unnecessary litigation, the court would be authorized to assess attorney’s fees and costs against the former husband for such actions. See Romero v. Romero, 971 So. 2d 863, 864 (Fla. 3d DCA 2007) (where former husband engaged in vexatious litigation attorney’s fees award justified).
Reversed and remanded.
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Citator
Cited By
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Quinones v. Quinones, 84 So. 3d 1101 (Fla. 3d DCA 2012)…award, and because the record does not demonstrate the type of meritless or vexatious litigation that would affect a fee award, we reverse the fee and costs awards in their entirety for reconsideration in light of this opinion.4 See Ramos v. Lopez, 997 So. 2d 1119, 1120 (Fla. 3d DCA 2008) (stating that where a “trial court specifically finds [that a spouse] had engaged in vexatious, excessive, or unnecessary litigation,” it may consider such behavior in awarding attorneys’ fees). Conclusion That portion of…
Authorities Cited
- Pundik v. Liberty Mut. Ins. Co., 597 So. 2d 359 (Fla. 3d DCA 1992)
- Gaudette v. Syble Gaudette, 890 So. 2d 1161 (Fla. 5th DCA 2004)
- Moshe Friedman v. Univ. OF Miami, 971 So. 2d 863 (Fla. 3d DCA 2007)
- Romero v. Romero, 971 So. 2d 863 (Fla. 3d DCA 2007)