Larkin v. Larkin

207 So. 3d 1026, 2017 Fla. App. LEXIS 293
District Court of Appeal of Florida·Decided January 13, 2017·No. Case No. 5D16-1455·Published

Opinion

PER CURIAM.

We affirm, without discussion, the trial court’s determination as to the proper distribution of the parties’ Morgan Stanley account pursuant to the terms of their [1027] marital settlement agreement. However, we conclude that the trial court erred in failing to award the former wife a reasonable attorney’s fee. The marital settlement agreement provided for an award of fees to the prevailing party “in the event of a legal action or other proceeding arising under this Agreement.” Here, the former wife prevailed on the only significant issue resolved by the trial court in its post-judgment order. Therefore, we reverse the portion of the trial court’s order denying the former wife’s motion for attorney’s fees.

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

TORPY, EVANDER and LAMBERT, JJ., concur.

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Larkin v. Larkin, 207 So. 3d 1026, 2017 Fla. App. LEXIS 293 (Fla. Ct. App. 2017).

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