FRANK E. SMITH, JR.
v.
CHRISTINE FENTON-SMITH
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A trial court abuses its discretion in awarding attorney's fees in a dissolution proceeding when it fails to consider the financial situation of the parties after the dissolution has concluded.
[1] In awarding attorney's fees in a dissolution of marriage proceeding, a trial court must consider the financial situation of the parties after the dissolution has conclude…
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Join FLexlaw to unlock all legal intelligence“a critical factor for a trial court to consider in awarding fees is the financial situation of the parties after the dissolution proceeding has concluded”
Citation to Ziruolo v. Ziruolo, 217 So. 3d 1170, 1172 (Fla. 1st DCA 2017)
Frank E. Smith, Jr. appealed a final judgment of dissolution of his marriage to Christine Fenton-Smith. The trial court ordered Former Husband to pay …
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
FRANK E. SMITH, JR.,
Appellant,
v. Case No. 5D20-912
CHRISTINE FENTON-SMITH,
Appellee.
________________________________/
Opinion filed June 25, 2021
Appeal from the Circuit Court for Lake County, Dan R. Mosley, Judge.
Timothy M. Doud, of Law Offices of Timothy M. Doud, LLC, Tarpon Springs, for Appellant.
Pamela Jean Helton and Barry V. Newton, Jr., of Law Office of Pamela J. Helton, P.A., Clermont, for Appellee.
SASSO, J.
Frank E. Smith, Jr. (“Former Husband”) appeals the final judgment of dissolution that dissolved his marriage to Christine Fenton-Smith (“Former
2 Wife”). Former Husband raises several issues on appeal, only one of which has merit. We agree that the trial court abused its discretion in ordering Former Husband to pay Former Wife’s attorney’s fees where it failed to consider the financial situation of the parties after the dissolution proceeding. See Ziruolo v. Ziruolo, 217 So. 3d 1170, 1172 (Fla. 1st DCA 2017) (noting a critical factor for a trial court to consider in awarding fees is the financial situation of the parties after the dissolution proceeding has concluded); Lovell v. Lovell, 14 So. 3d 1111, 1117 (Fla. 5th DCA 2009) (directing courts to determine attorney’s fees after the dissolution proceeding has concluded, based upon the parties’ resulting financial situation).
Therefore, we reverse the trial court’s award of attorney’s fees and remand for reconsideration. In all other aspects, we affirm.
REVERSED and REMANDED.
WALLIS and HARRIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Lovell v. Lovell, 14 So. 3d 1111 (Fla. 5th DCA 2009)
- Ziruolo v. Ziruolo, 217 So. 3d 1170 (Fla. 1st DCA 2017)