WIENDL
v.
WIENDL

Fla. 2d DCA | 2018-10-19
No. CASE NO.: 2D18-2380
255 So. 3d 836 Florida District Court of Appeal, Second District (2018)

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Holding

A former wife may recover appellate attorney's fees in a family law matter if she establishes entitlement pursuant to section 61.16, Florida Statutes, and the standard set forth in Rosen v. Rosen.


Headnotes

[1] In family law proceedings, a party seeking appellate attorney's fees must establish entitlement pursuant to Florida Statutes section 61.16 and the standard articulated in Rosen v. …

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Facts & Procedural History

A former husband petitioned for a writ of prohibition in a family law dispute. The former wife moved for appellate attorney's fees.…

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Opinion of the Court

The former husband's petition for writ of prohibition is denied. The former wife's motion for appellate attorney's fees is remanded to the trial court. If the former wife establishes her entitlement pursuant to section 61.16, Florida Statutes (2007), and Rosen v. Rosen, 696 So. 2d 697 (Fla. 1997), the trial court is authorized to award her all or a portion of the reasonable appellate attorney's fees. See Rados v. Rados, 791 So. 2d 1130 (Fla. 2d DCA2001).

LaROSE, C.J., and SILBERMAN and SALARIO, JJ., Concur.


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