La Rosa v. La Rosa

District Court of Appeal of Florida

La Rosa v. La Rosa

272 So. 3d 883

CourtDistrict Court of Appeal of Florida

DecidedJune 7, 2019

DocketCase No. 5D18-3935

StatusPublished

This text of 272 So. 3d 883 (La Rosa v. La Rosa) 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

La Rosa v. La Rosa, 272 So. 3d 883 (Fla. Ct. App. 2019).

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Opinion

PER CURIAM.

We affirm the trial court's finding that the former husband engaged in vexatious and unnecessary litigation in his pursuit, and then last-minute withdrawal, of his motion for contempt against the former wife. However, it was error for the trial court to set the amount of fees prior to affording either party the opportunity to present evidence on the matter. Caryi v. Caryi , 83 So. 3d 960, 961 (Fla. 5th DCA 2012) (holding that fee award in dissolution proceeding must be supported by competent, substantial evidence).

On remand, the trial court is directed to conduct an evidentiary hearing to determine the amount of attorney's fees, if any, to be paid by the former husband after giving due consideration to the factors set forth in Rosen v. Rosen , 696 So. 2d 697, 700 (Fla. 1997). The other issues raised on appeal are without merit.

AFFIRMED, in part; REVERSED, in part; REMANDED.

EVANDER, C.J., LAMBERT and GROSSHANS, JJ., concur.

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PER CURIAM.

We affirm the trial court's finding that the former husband engaged in vexatious and unnecessary litigation in his pursuit, and then last-minute withdrawal, of his motion for contempt against the former wife. However, it was error for the trial court to set the amount of fees prior to affording either party the opportunity to present evidence on the matter. Caryi v. Caryi , 83 So. 3d 960, 961 (Fla. 5th DCA 2012) (holding that fee award in dissolution proceeding must be supported by competent, substantial evidence).

On remand, the trial court is directed to conduct an evidentiary hearing to determine the amount of attorney's fees, if any, to be paid by the former husband after giving due consideration to the factors set forth in Rosen v. Rosen , 696 So. 2d 697, 700 (Fla. 1997). The other issues raised on appeal are without merit.

AFFIRMED, in part; REVERSED, in part; REMANDED.

EVANDER, C.J., LAMBERT and GROSSHANS, JJ., concur.

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Bluebook (online)

272 So. 3d 883, Counsel Stack Legal Research, https://law.counselstack.com/opinion/la-rosa-v-la-rosa-fladistctapp-2019.

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