SUSAN CREWS, APPELLANT,
v.
EMMETT CREWS, APPELLEE
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Susan Crews appeals a trial court order denying her motion to compel and objection to a request to enter premises. The appellee stipulated to reversal, which the court treated as a confession of error, reversing the trial court's order and remanding to determine appellate attorney's fees and costs.
The appellant is entitled to appellate fees and costs pursuant to Florida Statute § 59.46(1). The trial court must determine the amount of fees and costs and enter an appropriate order.
[1] A party's brief that stipulates to the reversal of a trial court's order will be treated as a confession of error.
[2] A marital settlement agreement may provide for the award of attorney's fees and costs to the prevailing party in the event of a breach.
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Join FLexlaw to unlock all legal intelligence“Should either party breach the terms of this agreement, causing the other party to employ an attorney for the enforcement of the provisions hereof, or for the collection of damages as a result of a breach, then the prevailing party's attorney's fees and court costs shall be paid by the nonprevailing party.”
Language from the marital settlement agreement that establishes the basis for the appellant's entitlement to attorney's fees as the prevailing party.
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Join FLexlaw to unlock all legal intelligenceSusan Crews, the former wife, filed a motion to compel and objection to a request to enter premises. The trial court entered an order on July 21, 1993…
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THOMPSON, Judge.
Susan Crews, appellant and former wife, appeals the order on former wife’s motion to compel and former husband’s objection to request to enter premises. The order of the trial court was entered on 21 July 1993. Appellant filed her notice of appeal on 13 August 1993. She filed her initial brief on 1 September 1993. Appellant also filed a request for attorney’s fees and costs, pursuant to Rule 9.400, Florida Rules of Appellate Procedure. Emmett Crews, appellee and former husband, filed an answer brief on 23 September 1993. In his brief, appellee wrote that he “hereby stipulates to the reversal of the trial court’s July 21, 1993 Order on Former Wife’s Motion to Compel and Former Husband’s Objection to Request to Enter Premises.” We treat appellee’s brief as a confession of error. See Lambrix v. Dugger, 586 So. 2d 1071 (Fla. 1st DCA 1991) (citing Wiley v. State, 578 So. 2d 903 (Fla. 1st DCA 1991)); Boggs v. Farm Credit Bank of Columbia, 545 So. 2d 516 (Fla. 3d DCA 1989).
The appellant seeks appellate attorney’s fees and costs pursuant to a marital settlement agreement incorporated into a final judgment of dissolution of marriage. The agreement reads in part:
Should either party breach the terms of this agreement, causing the other party to employ an attorney for the enforcement of the provisions hereof, or for the collection of damages as a result of a breach, then the prevailing party’s attorney’s fees and court costs shall be paid by the nonprevail-ing party.
Appellant is entitled to appellate fees and costs. See § 59.46, Fla.Stat. (1991). The trial court shall determine the amount of fees and costs and enter an order. Reversed and remanded for proceedings consistent with this opinion.
REVERSED and REMANDED.
HARRIS, C.J., and GRIFFIN, J., concur.
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Robert v. Dean, 655 So. 2d 243 (Fla. 3d DCA 1995)…Fla.1989). We agree with the husband that the right to attorney’s fees is governed only by the contract and that section 61.16, Florida Statutes (Supp.1994), and the conditions to an award under that statute are therefore irrelevant. Crews v. Crews, 629 So. 2d 1094 (Fla. 5th DCA 1994); Witt v. Witt, 568 So. 2d 539 (Fla. 4th DCA 1990). The amount of these fees shall be determined after remand. Reversed and remanded with directions. . The clause in question provided as follows: 4. b. The proceeds of 1500 stock…
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Litzinger v. Johnson, 681 So. 2d 864 (Fla. 5th DCA 1996)…il Procedure 1.470 which requires consent of the parties, the matter was referred to the general master without the consent of the parties and over appellant’s objection. The Department of Revenue has filed a confession of error, see Crews v. Crews, 629 So. 2d 1094 (Fla. 5th DCA 1994), admitting that the motion should have been granted. We reverse and remand to the trial court to set aside the order. We also grant the appellant’s motion for attorney’s fees and we remand to the trial court to determine and asse…
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Combs v. State, 803 So. 2d 875 (Fla. 5th DCA 2002)…lo v. State, 676 So. 2d 1015 (Fla. 5th DCA 1996); Inclima v. State, 625 So. 2d 978 (Fla. 5th DCA 1993). The opinion has also been read to permit, but not to require, an award of credit for time served out-of-state on Florida charges. Longo v. State, 629 So. 2d 1094 (Fla. 5th DCA 1994). We are loathe to reverse a trial judge’s decision when he or she was not given the correct law. Because the general topic of “time served credit” was raised, however, and because it fosters judicial economy to do so, we reverse…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Youness Shafagh v. SEA Lark OF Navarre, Inc., 578 So. 2d 903 (Fla. 1st DCA 1991)
- Wiley v. State, 578 So. 2d 903 (Fla. 1st DCA 1991)
- Sheely v. Dep't of Health & Rehabilitative Servs., 586 So. 2d 1071 (Fla. 1st DCA 1991)
- Justo Caraballo v. Riverhouse Apts. Co., 545 So. 2d 516 (Fla. 3d DCA 1989)
- Boggs v. The Farm Credit Bank OF Columbia, 545 So. 2d 516 (Fla. 3d DCA 1989)