FRANK G. CIBULA, JR., APPELLANT/CROSS APPELLEE,
v.
JUNE C. CIBULA, APPELLEE/CROSS APPELLANT
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This case involves a dissent arguing that a court has continuing jurisdiction to award attorney's fees incidental to enforcement orders in dissolution proceedings, even without an explicit reservation of jurisdiction for future fees.
A court has continuing jurisdiction to award attorney's fees incidental to enforcement orders in dissolution proceedings, provided the request is made within a reasonable time, without the need for a specific reservation of jurisdiction for future fees.
[1] A reservation of jurisdiction in a final judgment of dissolution of marriage cannot support an award of attorney's fees for future post-judgment enforcement or modificati…
[2] Jurisdiction for attorney's fees in post-judgment enforcement or modification proceedings derives from the specific statutory authority governing those proceedings.
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Join FLexlaw to unlock all legal intelligenceThe case concerns the interpretation of section 61.16, Florida Statutes, regarding the award of attorney's fees in dissolution proceedings. The dissen…
The full statement of facts, procedural history, and disposition for this case are member content.
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DOWNEY, Judge.
Appellant, Frank G. Cibula (husband), appeals from an order of the trial court dated November 22, 1989, based upon a motion filed by appellee, June C. Cibula (wife), for an allowance of attorney’s fees for various post final judgment proceedings.
It appears that, between the entry of the final judgment in July 1988 and the filing of the subject motion for attorney’s fees, there had been several contempt proceedings instituted by the wife for the husband’s noncompliance with the final judgment and a modification proceeding filed in June 1989. All of said proceedings had been concluded without any provision regarding attorney’s fees, except the modification proceeding in which the order entered thereon specifically reserved jurisdiction to determine entitlement to fees upon motion and notice.
Thus, after the September 8, 1989, order denying modification and reserving jurisdiction on the question of attorney’s fees, the wife filed a motion for attorney’s fees “in connection with all fees incurred subsequent to entry of the Final Judgment other than fees incurred in connection with appellate proceedings.” That motion gave rise to the present order on appeal in which the court held that it did not have jurisdiction to award attorney’s fees and costs for any post final judgment matters other than those involving modification. The order awarded the wife attorney’s fees and suit money in the amount of $19,406.20 for her attorney’s services in the modification proceeding only.
The husband contends on this appeal that the trial court erred in finding that his petition for modification was not meritorious and erred in awarding the wife attorney’s fees for said proceeding. The wife cross appealed the refusal to award her attorney’s fees for the other various proceedings to enforce the judgment.
We have carefully considered the arguments of counsel and the record pertaining to these proceedings and find no error demonstrated in regard to any of the points presented. However, we choose to comment upon the question presented in the cross appeal.
The final judgment entered herein contained a provision which stated “this court specifically reserves jurisdiction of this entire matter to enter such further orders as may be equitable, appropriate and just.” The wife’s reliance upon that provision, however, as jurisdiction to award attorney’s fees for future post judgment proceedings is not well taken. Reservation of jurisdiction in a final judgment of dissolution is to determine entitlement and the amount of fees to be paid to counsel for services rendered in the past during the pendency of the dissolution proceeding— not for attorney’s fees incurred in potential future proceedings such as modification or enforcement proceedings. McCallum v. McCallum, 364 So. 2d 97 (Fla. 4th DCA 1978).
Those future proceedings stand on their own footing. Jurisdiction of the trial court to consider enforcement and modification proceedings finds its source in section 61.14 and section 61.16 of the Florida Statutes. When such a proceeding is instituted a party may plead and prove entitlement to attorney’s fees1 (assuming that party is entitled thereto because of a need and the ability of the other to pay), but must do so while the court has jurisdiction over the matter brought about by the petition for enforcement or modification authorized by the statute. If the matter is concluded by an order that makes no allowance for attorney’s fees nor reserves jurisdiction to do so, they cannot be sought or granted after the trial court loses jurisdiction acquired via the petition for enforcement or modification.
In that our recent case of Steinfeld v. Steinfeld, 565 So. 2d 366 (Fla. 4th DCA 1990), conflicts with the foregoing, we recede therefrom only to the extent that it stands for the proposition that a reservation of jurisdiction in a final judgment of dissolution can support jurisdiction of the court to award attorney’s fees for future proceedings instituted to enforce or modify the final judgment. We point out further that Gaudiosi v. Gaudiosi, 476 So. 2d 709 (Fla. 4th DCA 1985), cited in the Steinfeld opinion for the foregoing proposition, does not support it. The final judgment in Gaudiosi specifically reserved jurisdiction to award attorney’s fees incurred in the original dissolution proceeding, which is appropriate.
In the present case there was no provision for attorney’s fees in the orders entered on the enforcement motions and no reservation of jurisdiction to make such an award after entering the said orders. Thus, the movant for fees in those proceedings missed his or her opportunity to obtain such an award if otherwise entitled thereto. We reiterate that the source of jurisdiction to make an award of fees for services in the post judgment proceedings begins and ends with that proceeding and must be determined and allowed in the order concluding that proceeding or a specific reservation of jurisdiction to do so later must be contained in the order. Accordingly, we affirm the order of the trial court dated November 22, 1989, in all respects.
HERSEY, C.J., and GLICKSTEIN, GUNTHER, STONE, WARNER, POLEN and GARRETT, JJ., concur. ANSTEAD, J., dissents with opinion.
LETTS, DELL and FARMER, JJ., concur with dissent.
. Stockman v. Downs, 573 So. 2d 835 (Fla.1991).
ANSTEAD, Judge,
dissenting.
Section 61.16, Florida Statutes (1989), provides:
The Court may from time to time, after considering the financial resources of both parties, order a party to pay a reasonable amount for attorney’s fees, suit money, and the costs to the other party of maintaining or defending any proceeding under this chapter, including enforcement and modification proceedings.
I think the legislature meant what it said when it used the broad phrase “may from time to time,” in authorizing trial judges to award fees in dissolution proceedings, including enforcement actions. It seems unnecessary, and impractical, to require a reservation of jurisdiction in an enforcement order. When a court retains jurisdiction to enforce its judgment and thereafter enters an order of enforcement, I would hold that the court also has the continuing jurisdiction to award fees incidental thereto, so long as the request for fees is made within a reasonable time of the order of enforcement.
Cases With Similar Vibessemantic neighbors from the corpus
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Crowley v. Crowley, 678 So. 2d 435 (Fla. 4th DCA 1996)…did not continue for years, involve excessive motions or baseless claims. Compare Sutter v. Sutter, 578 So. 2d 788 (Fla. 4th DCA 1991); Steinfeld v. Steinfeld, 565 So. 2d 366 (Fla. 4th DCA 1990), receded from on different grounds, Cibuda v. Cibuda, 578 So. 2d 519 (Fla. 4th DCA 1991). On the contrary, a period of less than six months ensued between the filing of the complaint below and 'the trial on the merits. We are reluctant to equate conduct of the husband below that may be characterized as aggressive, p…
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Duchesneau v. Duchesneau, 692 So. 2d 205 (Fla. 5th DCA 1997)…g of a future occurrence The purpose of a reservation of jurisdiction for attorneys fees under § 61.16 is to determine entitlement to, and amount of, fees to be paid for services rendered in the past during the dissolution action. Cibula v. Cibula, 578 So. 2d 519 (Fla. 4th DCA 1991). This statute is intended to enable both parties to secure competent legal counsel and put them on an equal footing, concerning their relative abilities to pay for competent legal counsel. Canakaris v. Canakaris, 382 So. 2d 1197…
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Rorrer v. Orban, 215 So. 3d 148 (Fla. 3d DCA 2017)…urisdiction to enter a fee award where many orders entered during this post-dissolution matter included no reservation of jurisdiction to do so. Specifically, relying solely on the Fourth District Court of Appeal’s 1991 decision in Cibula v. Cibula, 578 So. 2d 519 (Fla. 4th DCA 1991) (en banc), Mr. Orban argues that because each of the orders on the parties’ sixty or so motions filed during this post-decretal proceeding did not reserve jurisdiction to award attorney’s fees, these matters could not be consider…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Stockman v. Downs, 573 So. 2d 835 (Fla. 1991)
- McCALLUM v. McCALLUM, 364 So. 2d 97 (Fla. 4th DCA 1978)
- Steinfeld v. Steinfeld, 565 So. 2d 366 (Fla. 4th DCA 1990)
- Gaudiosi v. Gaudiosi, 476 So. 2d 709 (Fla. 4th DCA 1985)