DIANNE FISCHER, ETC., APPELLANT,
v.
KENNETH C. FISCHER, APPELLEE

Fla. 3d DCA | 2004-08-25
No. 3D04-427
Before GREEN, RAMIREZ, and SHEPHERD, JJ.
882 So. 2d 435 Florida District Court of Appeal, Third District (2004) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See Cole v. Cole, 723 So. 2d 925, 927 (Fla. 3d DCA 1999); Marrone v. Miami Nat’l Bank, 507 So. 2d 652, 653 (Fla. 3d DCA 1987).

Appellee Kenneth C. Fischer’s motion for attorney’s fees and costs on appeal is remanded to the trial court. If the movant establishes his entitlement pursuant to section 61.16, Florida Statutes, and Rosen v. Rosen, 696 So. 2d 697 (Fla.1997), the trial court is authorized to award the movant all or a portion of the reasonable appellate attorney’s fees. This court concludes that the appeal by the wife lacked merit, and therefore the trial court should give great weight to the factors set forth in Rosen. See Rados v. Rados, 791 So. 2d 1130 (Fla. 2d DCA 2001).

We therefore affirm the order on appeal and remand the cause to the trial court to determine Kenneth C. Fischer’s motion for attorney’s fees and costs.


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Citator

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  • Randall v. Randall, 930 So. 2d 840 (Fla. 3d DCA 2006)
    …of appellate attorneys fees.”); Barbara Green, Cracking the Code: Interpreting and Enforcing the Appellate Court’s Decision and Mandate, 32 Stetson L.Rev. 393 (2003). When the Court determines otherwise, its order says so. See Fischer v. Fischer, 882 So. 2d 435, 435 (Fla. 3d DCA 2004) (“[Former husband]’s motion for attorney’s fees and costs on appeal is remanded to the trial court. If the movant establishes his entitlement pursuant to section 61.16, Florida Statutes, and Rosen ..., the trial court is auth…

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