Fischer v. Fischer

District Court of Appeal of Florida

Decided August 25, 2004

District Court of Appeal of Florida · decided 2004-08-25

Cited by 1 later decisions — most recently June 2006

1 state decisions

Key passage — most relied on by later courts

“As to [the former husband's] motion for appellate attorney's fees, we remanded to the trial court. If [he] establishes his entitlement pursuant to section 61.16, Florida Statutes, and Rosen . . ., the trial court is authorized to award him all or a portion of the reasonable appellate attorney's fees. This court concludes that the appeal by [the former husband] lacked merit, and therefore the trial court should give great weight to the factors set forth in Rosen .”

quoted by 1 later decision, including Randall v. Randall

“[Former husband]'s motion for attorney's fees and costs on appeal is remanded to the trial court. If the movant establishes his entitlement pursuant to section 61.16, Florida Statutes, and Rosen . . ., the trial court is authorized to award the movant all or a portion of the reasonable appellate attorney's fees.”

quoted by 1 later decision, including Randall v. Randall

Relies on 696 So. 2d 697 - Rosen v. Rosen · 507 So. 2d 652 - Marrone v. Miami National Bank · 791 So. 2d 1130 - Rados v. Rados

Good law ✅— No negative treatment on recordhow we know

Decided 2004-08-25

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PER CURIAM.

¶1Affirmed. See Cole v. Cole, 723 So.2d 925, 927 (Fla. 3d DCA 1999); Marrone v. Miami Nat’l Bank, 507 So.2d 652, 653 (Fla. 3d DCA 1987).

¶2Appellee Kenneth C. Fischer’s motion for attorney’s fees and costs on appeal is remanded to the trial court. If the movant establishes his entitlement pursuant to section 61.16, Florida Statutes, and Rosen v. Rosen, 696 So.2d 697 (Fla.1997), the trial court is authorized to award the movant all or a portion of the reasonable appellate attorney’s fees. This court concludes that the appeal by the wife lacked merit, and therefore the trial court should give great weight to the factors set forth in Rosen. See Rados v. Rados, 791 So.2d 1130 (Fla. 2d DCA 2001).

¶3We therefore affirm the order on appeal and remand the cause to the trial court to determine Kenneth C. Fischer’s motion for attorney’s fees and costs.