Cynthia Caputo v. Michael Caputo
This text of 189 So. 3d 1003 (Cynthia Caputo v. Michael Caputo) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The appeal in this case involved the former wife’s attempt to hold the former husband in contempt for enrolling their child in day care in Boynton Beach, near his place of employment. The trial court *1004 granted the former husband’s motion to dismiss and awarded the former husband attorney’s fees. We affirm all points on appeal regarding the dismissal because contempt could not lie where the final judgment of dissolution did not expressly address day care. See Wilcoxon v. Moller, 132 So.3d 281, 286 (Fla. 4th DCA 2014). However, we write to dismiss the portion of the appeal directed at the award of former husband’s attorney’s fees because the order stated the amount was “to be determined at a subsequent hearing.” “An order merely finding entitlement to attorneys’ fees is a non-final, non-appealable order.” Alexopoulos v. Gordon Hargrove & James, P.A., 109 So.3d 248, 250 (Fla. 4th DCA 2013).
Affirmed in part and dismissed in part.
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Cite This Page — Counsel Stack
189 So. 3d 1003, 2016 WL 1367013, 2016 Fla. App. LEXIS 5297, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cynthia-caputo-v-michael-caputo-fladistctapp-2016.