Christopher A. Burr v. Mabelly Beatriz Matute Ospino

• Court: District Court of Appeal of Florida
• Decided: October 2, 2024
• Docket: 3D2023-1207
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed October 2, 2024. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D23-1207 Lower Tribunal No. 20-18347 ________________

Christopher A. Burr, Appellant,

vs.

Mabelly Beatriz Matute Ospino, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Oscar Rodriguez-Fonts Judge.

Sandy T. Fox, P.A., Sandy T. Fox, and Alisha B. Savani, for appellant.

Mabelly Beatriz Matute Ospino, in proper person.

Before LINDSEY, MILLER and GOODEN, JJ.

PER CURIAM. Affirmed. See Alarcon v. Dagen, 389 So. 3d 611, 614 (Fla. 3d DCA

2023) (holding mother’s conduct fell short of vexatious conduct which would

justify an award of fees); Hallac v. Hallac, 88 So. 3d 253, 260 (Fla. 4th DCA

2012) (“Because the primary factors under section 61.16 require need and

ability to pay, the award of attorney’s fees against the wife and in favor of the

husband cannot be justified pursuant to the statutory authority. Instead, the

award must be authorized under the court’s inherent authority to prevent

vexatious litigation. This case, however, does not provide the type of

inequitable conduct present in . . . the very rare cases where vexatious

litigation is present.”).