BARBARA J. DAVIDS, APPELLANT,
v.
CHARLES N. DAVIDS, APPELLEE
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WHATLEY, Judge.
We affirm the order on supplemental complaint for modification in all respects except the denial of the wife’s claim for attorneys’ fees. The husband cites Murray v. Murray, 598 So. 2d 310 (Fla. 2d DCA 1992), and argues that attorneys’ fees were properly denied as the parties have a substantially equal ability to pay. This argument is unavailing as the wife’s fee claim has a contractual basis. Specifically, the parties’ marital settlement agreement, which was incorporated into the final judgment of dissolution, states that each party would be responsible for their attorneys’ fees, “[pjrovided, however, that in the event of litigation arising as the result of a breach of this agreement, the prevailing party shall be entitled to reasonable attorneys’ fees and court costs.” Accordingly, we reverse and remand to the trial court with directions to award the wife that portion of the attorneys’ fees and court costs she incurred in this case pursuing enforcement of the husband’s alimony obligation.
Affirmed in part, reversed in part, and remanded with directions.
QUINCE, A.C.J., and SALCINES, J., concur.
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Mott v. Mott, 800 So. 2d 331 (Fla. 2d DCA 2001)…d DCA 1983); Coe v. Abdo, 790 So. 2d 1276, 1277-78 (Fla. 4th DCA 2001). Indeed, when the agreement provides for fees to be awarded to the prevailing party, the trial court is without discretion to decline to enforce that provision. Davids v. Davids, 718 So. 2d 1263 (Fla. 2d DCA 1998); Rose v. Rose, 615 So. 2d 203, 204 (Fla. 4th DCA 1993); Jacobson v. Jacobson, 595 So. 2d 292, 294 (Fla. 5th DCA 1992). The trial court applied the fee provision contained in the marital settlement agreement that each party was re…
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Skeens v. State, 733 So. 2d 1094 (Fla. 2d DCA 1999)…ue. Upon remand when the trial court resentences Mr. Skeens for only one conviction, Mr. Skeens may take such action as he deems proper to preserve any sen [*1096] tencing issue pending resolution of Heggs by the supreme court. Cf. Merritt v. State, 718 So. 2d 1263 (Fla. 2d DCA 1998) (unclear whether defendant’s sentence would be affected by calculation under earlier guidelines so, on remand, he may choose to raise and preserve issue in the trial court). Conviction for sexual battery affirmed; conviction for…
Authorities Cited
- Myron Lee Murray v. Murray, 598 So. 2d 310 (Fla. 2d DCA 1992)