Guerra v. Guerra

District Court of Appeal of Florida

Guerra v. Guerra

210 So. 3d 171, 2016 Fla. App. LEXIS 14459

CourtDistrict Court of Appeal of Florida

DecidedSeptember 28, 2016

Docket2D15-2773

StatusPublished

This text of 210 So. 3d 171 (Guerra v. Guerra) 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.

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Guerra v. Guerra, 210 So. 3d 171, 2016 Fla. App. LEXIS 14459 (Fla. Ct. App. 2016).

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Opinion

LUCAS, Judge.

Felix Guerra appeals the final judgment entered in his dissolution of marriage proceeding, as well as the order granting his former wife, Angela Guerra, an award of her attorney’s fees and costs. We affirm the circuit court’s judgment and order in all respects save one. Within the order, the circuit court included a provision characterizing its award of attorney’s fees and costs as a form of support that “is not dischargeable in bankruptcy or by any other means.” The entry of the award was appropriate under the facts of this case; however, we have held that prospective determinations purporting to decide whether support obligations will be dis-chargeable in bankruptcy are improper. See Roth v. Roth, 973 So.2d 580, 589 (Fla. 2d DCA 2008) (striking judgment’s provision concerning nondischargeability of periodic payment award while husband’s bankruptcy petition was pending); Meeks v. Meeks, 964 So.2d 185, 186 (Fla. 2d DCA 2007) (“We conclude that the trial court did not have the authority to make any binding legal ruling concerning the dis-chargeability of these debts in any future bankruptcy proceeding that might be filed.... ”). We therefore reverse the portion of the order that pertains to bankruptcy dischargeability and remand this case ■with instructions to the circuit court to strike that provision from its order.

Affirmed in part, reversed in part, and remanded with instructions.

KELLY and ROTHSTEIN-YOUAKIM, JJ., Concur.

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LUCAS, Judge.

Felix Guerra appeals the final judgment entered in his dissolution of marriage proceeding, as well as the order granting his former wife, Angela Guerra, an award of her attorney’s fees and costs. We affirm the circuit court’s judgment and order in all respects save one. Within the order, the circuit court included a provision characterizing its award of attorney’s fees and costs as a form of support that “is not dischargeable in bankruptcy or by any other means.” The entry of the award was appropriate under the facts of this case; however, we have held that prospective determinations purporting to decide whether support obligations will be dis-chargeable in bankruptcy are improper. See Roth v. Roth, 973 So.2d 580, 589 (Fla. 2d DCA 2008) (striking judgment’s provision concerning nondischargeability of periodic payment award while husband’s bankruptcy petition was pending); Meeks v. Meeks, 964 So.2d 185, 186 (Fla. 2d DCA 2007) (“We conclude that the trial court did not have the authority to make any binding legal ruling concerning the dis-chargeability of these debts in any future bankruptcy proceeding that might be filed.... ”). We therefore reverse the portion of the order that pertains to bankruptcy dischargeability and remand this case ■with instructions to the circuit court to strike that provision from its order.

Affirmed in part, reversed in part, and remanded with instructions.

KELLY and ROTHSTEIN-YOUAKIM, JJ., Concur.

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210 So. 3d 171, 2016 Fla. App. LEXIS 14459, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guerra-v-guerra-fladistctapp-2016.

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