ANTHONY PATRICK BARATTA AND SANDY T. FOX, P.A., ET AL., PETITIONER/APPELLANTS,
v.
TATIANA COSTA-MARTINEZ, RESPONDENT/APPELLEE
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In a paternity action, the father appeals a contempt finding for failing to pay court-ordered temporary attorney's fees to the mother, and the father's attorney appeals an order to disgorge unearned fees from trust. The appellate court denied the father's certiorari petition and affirmed the trial court's contempt order and attorney fee disgorgement order.
The trial court did not depart from the essential requirements of law in finding the father in contempt and ordering a $20,000 purge payment to avoid incarceration, and the trial court properly ordered the father's attorney to disgorge any unearned attorney's fees held in trust.
[1] A trial court may order a party to pay temporary attorney's fees and costs in a paternity action.
[2] A party's failure to attend a hearing after receiving notice may support an adverse inference regarding their ability to pay court-ordered sums.
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Join FLexlaw to unlock all legal intelligence“the trial court concluded the father was not credible and was thwarting discovery in a deliberate attempt to appear impoverished”
Establishes the factual basis for the trial court's finding that the father had ability to pay and was attempting to evade his obligations.
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Join FLexlaw to unlock all legal intelligenceThe mother sought temporary financial relief in November 2012, and the trial court ordered the father to pay $83,670 in temporary attorney's fees with…
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In this paternity action, the father, Anthony Patrick Baratta, seeks certiorari review of an order finding him in contempt *408for failing to make a court-ordered payment of temporary attorney’s fees to the mother, and the father’s counsel, Sandy T. Fox, appeals from that portion of the order directing counsel to disgorge funds held in trust as unearned attorney’s fees. We consolidated the petition for writ of certio-rari and the appeal, and now deny the petition and affirm the order on appeal.1
The mother originally moved for temporary financial relief in November 2012. Following an evidentiary hearing, which the father did not attend despite notice, the trial court found: (1) the mother had financial need for temporary attorney’s fees, suit monies, and costs; (2) a reasonable amount for such fees is $83,670; and (3) the father had the ability to pay. The trial court ordered the father to pay within fifteen days, which the father failed to do. Thereafter, pursuant to the parties’ agreement, the trial court ordered the father to pay Dr. Faust $15,000 for a social investigation of the parties and the child. Again, the father did not pay.
The mother moved the trial court for contempt and sanctions for the father’s failure to pay the $83,670, and later for nonpayment of the agreed $15,000 to Dr. Faust. Both motions were considered by the court in an evidentiary hearing on January 16, 2014. After considering the evidence, the trial court concluded the father was not credible and was thwarting discovery in a deliberate attempt to appear impoverished. The court determined competent substantial evidence supported the prior adverse inference as to the father’s ability to pay the court-ordered sums. With regard to the $15,000 due Dr. Faust, the court reserved ruling on coercive sanctions because the amount was not a support obligation, and instead referred the parties to Family Court Services for psychological evaluations. With regard to the $83,670 due to the mother as temporary attorney’s fees, the court ordered the father to pay a $20,000 purge or face incarceration. Additionally, the court ordered the father’s counsel to review his trust account and turn over to the mother’s counsel any undisbursed funds held in trust for the father as of January 16, 2014.
We conclude the trial court did not depart from the essential requirements of law in finding the father in contempt and ordering him to pay a $20,000 purge to avoid incarceration. See § 61.14(5)(a), Fla. Stat. (2014) (providing for a presumption of obligor’s ability to pay in contempt proceedings which the obligor has the burden of disproving); see also Sibley v. Sibley, 833 So.2d 847 (Fla. 3d DCA 2002). Additionally, we affirm per curiam the trial court’s order directing Attorney Fox to disgorge any unearned attorney’s fees held in trust for the father.
This opinion shall take effect immediately notwithstanding the filing of a motion for rehearing.
Petition for Writ of Certiorari denied; appeal affirmed.