LAWRENCE SHAPIRO
v.
LEYLA FARAJZADEH

Fla. 3d DCA | 2021-10-06
No. 21-0333
Daneorth, Foster, Haskell, Libbey, Peters
Florida District Court of Appeal, Third District (2021)

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Holding

Trial courts have broad discretion in ordering payment of temporary attorney's fees and costs based on the parties' respective need and ability to pay, and such orders will not be reversed absent an abuse of discretion.


Headnotes

[1] Trial courts possess broad discretion in awarding temporary attorney's fees and costs in family law proceedings based on the parties' respective financial need and abilit…

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Key Quotes

“Trial courts have broad discretion in ordering the payment of temporary fees and costs based upon the parties' respective need and ability to pay.”

Rose v. Rose standard for temporary attorney's fees awards

Facts & Procedural History

Shapiro and Farajzadeh were parties to a dispute in which the trial court ordered one party to pay the other's temporary attorney's fees and costs.…

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Opinion of the Court

PER CURIAM.

Affirmed. See Rose v. Rose, 883 So. 2d 348, 349–50 (Fla. 3d DCA 2004) (“Trial courts have broad discretion in ordering the payment of temporary fees and costs based upon the parties’ respective need and ability to pay. In the present case, we find no abuse of discretion in the trial court’s well-reasoned order which requires the husband to pay the wife’s temporary attorney’s fees and costs in order to equalize the representation of the parties.”); Sinclair v. Sinclair, 804 So. 2d 589, 592 (Fla. 2d DCA 2002) (“Our review reveals that there is competent, substantial evidence supporting the findings made by the trial court. The trial court is in the best position to weigh the evidence and to determine the credibility of the witnesses, and it is not for this court to re-weigh the evidence or to substitute its judgment for that of the trial court.”).


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