JAMES DRAGO, APPELLANT,
v.
ELIZABETH DRAGO, APPELLEE
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PER CURIAM.
The former husband petitioned for a writ of certiorari concerning an order modifying visitation rights and awarding attorney’s fees. We previously redesignated this petition as an appeal from a non-final order under Fla. R.App. 9.130(a)(3)(C)(iii). We affirm the order in all respects, except the award of attorney’s fees.
In its order, the trial court held the former husband “responsible in the entirety with respect to all legal fees incurred” by the former wife. The court further ordered the former husband to contact the former wife’s counsel within seven days regarding payment. The order does not, however, determine the amount of fees, and further fails to contain the requisite findings concerning the parties’ needs and ability to pay. See Winkelman v. Toll, 632 So. 2d 130 (Fla. 4th DCA 1994); Rosen v. Rosen, 696 So. 2d 697 (Fla.1997). We therefore affirm the order regarding visitation rights, but dismiss that part of the appeal relating to attorney’s fees as premature.
STEVENSON, TAYLOR and MAY, JJ., concur.
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Hickey v. Burlinson, 33 So. 3d 827 (Fla. 5th DCA 2010)…); Cuartas v. Cuartas, 951 So. 2d 980, 981, n. 1 (Fla. 3d DCA 2007) (accepting jurisdiction pursuant to rule 9.130(a)(3)(C)(iii) of an order denying former husband’s motion for contempt and for immediate change of primary residence); Drago v. Drago, 895 So. 2d 529, 529 (Fla. 4th DCA 2005) (re-designating a petition for writ of certiorari concerning an order modifying visitation rights and awarding attorney’s fees as a non-final appeal under rule 9.130(a)(3)(C)(iii)); Doyle v. Owens, 881 So. 2d 717, 718 (Fla.…
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Jade Winds Ass'n, Inc. v. Citibank, N.A., 63 So. 3d 819 (Fla. 3d DCA 2011)…rtg. Corp. of Am., L.P. v. Frankhouse, 551 So. 2d 599 (Fla. 4th DCA 1989) (reversing post-judgment order postponing foreclosure sale finding an abuse of discretion, and remanding with instructions to schedule judicial sale); see also Drago v. Drago, 895 So. 2d 529, 529 (Fla. 4th DCA 2005) (re-designating a petition for writ of certiorari concerning an order modifying visitation rights as reviewable as a non-final order under rule 9.130(a)(3)(C)(iii)). We also recognize that in Republic Federal Bank, N.A. v. D…
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Csilla Mezei v. Iehuda Tzynder, 287 So. 3d 1289 (Fla. 3d DCA 2020)…)(b); see Fla. R. App. P. 9.040(c) (“If a party seeks an improper remedy, the cause shall be treated as if the proper remedy had been sought; provided that it shall not be the responsibility of the court to seek the proper remedy.”); Drago v. Drago, 895 So. 2d 529 (Fla. 4th DCA 2005) (redesignating petition for certiorari concerning an order modifying visitation rights as an appeal from a nonfinal order under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iii)). 2 Given the challenges facing our trial cou…
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- Rosen v. Rosen, 696 So. 2d 697 (Fla. 1997)
- Winkelman v. Toll, 632 So. 2d 130 (Fla. 4th DCA 1994)