DAVID GUNN, APPELLANT,
v.
KRISTA UBBELS, APPELLEE
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In a post-dissolution modification proceeding, the trial court awarded attorney's fees to the former wife without properly analyzing her need for the fees or comprehensively examining the former husband's ability to pay. The appellate court reversed and remanded, holding that trial courts must make explicit findings regarding both the requesting spouse's need and the paying spouse's ability to pay based on all financial resources, not isolated factors.
The trial court's attorney's fees award must be reversed because it failed to address the former wife's need for fees and based its ability-to-pay finding solely on one isolated asset disposition rather than considering all assets and sources of income of both parties.
[1] A trial court must consider the relative financial resources of both parties when determining an award of attorney's fees in a dissolution of marriage proceeding.
[2] To award attorney's fees in a dissolution of marriage proceeding, a trial court must make findings regarding the requesting spouse's need for fees and the other spouse's…
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Join FLexlaw to unlock all legal intelligence“In permitting an award of attorney's fees in dissolution and post-dissolution proceedings, the purpose of section 61.16(1), Florida Statutes (2010), is to ensure that both parties have similar financial ability to obtain competent legal counsel.”
Establishes the statutory purpose underlying attorney's fees awards in dissolution cases
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Join FLexlaw to unlock all legal intelligenceDavid Gunn appealed a trial court order granting attorney's fees to his former wife, Krista Ubbels, in a modification proceeding. The trial court foun…
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The former husband, David Gunn, appeals the trial court’s order granting attorney’s fees to the former wife, Krista Ub-bels, in a modification proceeding. We reverse.
The standard of review for an award or denial of attorney’s fees in a dissolution of marriage proceeding is abuse of discretion. Canakaris v. Canakaris, 382 So.2d 1197 (Fla.1980). In permitting an award of attorney’s fees in dis*421solution and post-dissolution proceedings, the purpose of section 61.16(1), Florida Statutes (2010), is to ensure that both parties have similar financial ability to obtain competent legal counsel. Rosen v. Rosen, 696 So.2d 697, 699 (Fla.1997). To make this determination, the trial court must consider the relative financial resources of the parties. Kouzine v. Kouzine, 44 So.3d 213, 215 (Fla. 5th DCA 2010). In addition, the trial court must make findings of the requesting spouse’s need for such fees and the other spouse’s ability to pay them. Fuller v. Fuller, 29 So.3d 380 (Fla. 5th DCA 2010); Lovell v. Lovell, 14 So.3d 1111 (Fla. 5th DCA 2009); Zahringer v. Zahringer, 813 So.2d 181 (Fla. 4th DCA 2002).
Here, the trial court failed to address the former wife’s need for an award of attorney’s fees. Moreover, the trial court’s finding that the former husband had the ability to pay a fee award focused solely upon the former husband’s disposition of an asset following the modification proceeding. In a determination of the parties’ financial resources, a trial court must consider all assets and sources of income of both parties, and not merely one isolated factor. Crick v. Crick, 78 So.3d 696 (Fla. 2d DCA 2012); Stoler v. Stoler, 679 So.2d 837 (Fla. 2d DCA 1996). Absent these necessary findings, the fee award must be reversed.1
The matter is remanded with directions to the trial court to enter appropriate findings of fact based upon the evidence in the record. To the extent that the parties failed to carry their evidentiary burden on this issue, they should not be permitted to benefit by the remand and receive an additional opportunity to prove their case.
REVERSED AND REMANDED.
JACOBUS, J., and HARRIS, C. M., Senior Judge, concur.
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Caryi v. Caryi, 119 So. 3d 508 (Fla. 5th DCA 2013)…of the former husband’s child support obligation. REVERSED and REMANDED. PALMER and COHEN, JJ., concur. . The standard of review for an award or denial of attorney’s fees in a dissolution of marriage action is abuse of discretion. Gunn v. Ubbels, 101 So. 3d 420 (Fla. 5th DCA 2012). However, to the extent that the trial court based its rulings on its interpretation of the law, a de novo standard of review applies. Thorpe v. Myers, 67 So. 3d 338, 342 (Fla. 2d DCA 2011) (reviewing de novo trial court's denial…
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Henderson v. Reese J. Henderson, 162 So. 3d 203 (Fla. 5th DCA 2015)…address the trial court’s denial, in the Custody Order, of Former Wife’s request for attorneys’ fees. “The standard of review for an award or denial of attorney’s fees in a dissolution of marriage proceeding is abuse of discretion.” Gunn v. Ubbels, 101 So. 3d 420, 420 (Fla. 5th DCA 2012) (citing Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980)). Where an order denying attorneys’ fees “fails to contain sufficient factual findings to facilitate meaningful appellate review of the trial court’s decision,” the…
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Mattison v. Mattison, 266 So. 3d 258 (Fla. 5th DCA 2019)…at least one year. We affirm as to these arguments without further discussion. ATTORNEY’S FEES — Former Husband argues that the trial court abused its discretion in denying his request for an award of attorney’s fees below. See Gunn v. Ubbels, 101 So. 3d 420, 420 (Fla. 5th DCA 2012) (“The standard of review for an award or denial of attorney’s fees in a dissolution of marriage proceeding is abuse of discretion.” (citing Canakaris v. Canakaris, 382 So. 2d 1197, 1203 (Fla. 1980))). Because we have revers…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)
- Rosen v. Rosen, 696 So. 2d 697 (Fla. 1997)
- Crick v. Robbin Vickery Crick, 78 So. 3d 696 (Fla. 2d DCA 2012)
- Lovell v. Lovell, 14 So. 3d 1111 (Fla. 5th DCA 2009)
- Stoler v. Anne B. Stoler, 679 So. 2d 837 (Fla. 2d DCA 1996)
- Zahringer v. Zahringer, 813 So. 2d 181 (Fla. 4th DCA 2002)
- A.D. v. State, 44 So. 3d 213 (Fla. 5th DCA 2010)
- Valeri Kouzine v. Kouzine, 44 So. 3d 213 (Fla. 5th DCA 2010)
- Fuller v. Fuller, 29 So. 3d 380 (Fla. 5th DCA 2010)