Forster v. Forster

District Court of Appeal of Florida

Forster v. Forster

52 So. 3d 837, 2011 Fla. App. LEXIS 591, 2011 WL 248545

CourtDistrict Court of Appeal of Florida

DecidedJanuary 28, 2011

DocketNos. 5D09-2311, 5D09-3666

StatusPublished

This text of 52 So. 3d 837 (Forster v. Forster) 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.

Bluebook

Forster v. Forster, 52 So. 3d 837, 2011 Fla. App. LEXIS 591, 2011 WL 248545 (Fla. Ct. App. 2011).

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Opinion

COHEN, J.

Former husband, John George Forster, III, filed two appeals challenging the trial court’s awards of permanent periodic alimony, Case No. 5D09-2311, and attorney’s fees and costs, Case No. 5D09-3666. Although we have consolidated these cases for disposition in this opinion, they remain separate and distinct cases for all other purposes.

In Forster v. Forster, 11 So.3d 972 (Fla. 5th DCA 2009), this court reversed and remanded the trial court’s alimony award to make the findings required by section 67.08(2), Florida Statutes (2006). Still dissatisfied, former husband again challenges the trial court’s order awarding former wife, Barbara Ann Forster, $11,000 in monthly permanent, periodic alimony. We have carefully reviewed former husband’s [838]*838arguments and cannot conclude that the trial court abused its discretion. However, we agree with former husband that the trial court erred in finding former wife was entitled to, and subsequently awarding her, $48,150 in attorney’s fees and costs. Therefore, in Case No. 5D09-2311, we affirm the trial court’s order on alimony, but reverse its order on attorney’s fees and costs in Case No. 5D09-3666.

AFFIRMED IN PART and REVERSED IN PART.

EVANDER and JACOBUS, JJ., concur.

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COHEN, J.

Former husband, John George Forster, III, filed two appeals challenging the trial court’s awards of permanent periodic alimony, Case No. 5D09-2311, and attorney’s fees and costs, Case No. 5D09-3666. Although we have consolidated these cases for disposition in this opinion, they remain separate and distinct cases for all other purposes.

In Forster v. Forster, 11 So.3d 972 (Fla. 5th DCA 2009), this court reversed and remanded the trial court’s alimony award to make the findings required by section 67.08(2), Florida Statutes (2006). Still dissatisfied, former husband again challenges the trial court’s order awarding former wife, Barbara Ann Forster, $11,000 in monthly permanent, periodic alimony. We have carefully reviewed former husband’s [838]*838arguments and cannot conclude that the trial court abused its discretion. However, we agree with former husband that the trial court erred in finding former wife was entitled to, and subsequently awarding her, $48,150 in attorney’s fees and costs. Therefore, in Case No. 5D09-2311, we affirm the trial court’s order on alimony, but reverse its order on attorney’s fees and costs in Case No. 5D09-3666.

AFFIRMED IN PART and REVERSED IN PART.

EVANDER and JACOBUS, JJ., concur.

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Bluebook (online)

52 So. 3d 837, 2011 Fla. App. LEXIS 591, 2011 WL 248545, Counsel Stack Legal Research, https://law.counselstack.com/opinion/forster-v-forster-fladistctapp-2011.

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