Leon v. Velazquez

District Court of Appeal of Florida

Leon v. Velazquez

79 So. 3d 114, 2012 Fla. App. LEXIS 518, 2012 WL 127048

CourtDistrict Court of Appeal of Florida

DecidedJanuary 18, 2012

DocketNo. 3D11-708

StatusPublished

This text of 79 So. 3d 114 (Leon v. Velazquez) 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

Leon v. Velazquez, 79 So. 3d 114, 2012 Fla. App. LEXIS 518, 2012 WL 127048 (Fla. Ct. App. 2012).

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Opinion

PER CURIAM.

Thomas Agustín Velazquez Leon, the former husband, appeals an “Order on Former Wife’s Motion for Temporary Attorney’s Fees, Costs and Suit Monies Pending Appeal.” Because the order does not contain any findings concerning the former wife Ida R. Velazquez’s needs, or the former husband’s ability to pay fees, we reverse and remand for a new hearing, with directions to the trial court to set forth its factual findings. See Baumann v. Baumann, 22 So.3d 719, 721 (Fla. 2d DCA 2009) (quoting Perrin v. Perrin, 795 So.2d 1023, 1024 (Fla. 2d DCA 2001) (“[A] trial court cannot decide the issue of attorney’s fees without findings as to one spouse’s ability to pay fees and other spouse’s need [115]*115to have fees paid.”)); accord Bator v. Osborne, 833 So.2d 884 (Fla. 2d DCA 2003).

Reversed and remanded.

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PER CURIAM.

Thomas Agustín Velazquez Leon, the former husband, appeals an “Order on Former Wife’s Motion for Temporary Attorney’s Fees, Costs and Suit Monies Pending Appeal.” Because the order does not contain any findings concerning the former wife Ida R. Velazquez’s needs, or the former husband’s ability to pay fees, we reverse and remand for a new hearing, with directions to the trial court to set forth its factual findings. See Baumann v. Baumann, 22 So.3d 719, 721 (Fla. 2d DCA 2009) (quoting Perrin v. Perrin, 795 So.2d 1023, 1024 (Fla. 2d DCA 2001) (“[A] trial court cannot decide the issue of attorney’s fees without findings as to one spouse’s ability to pay fees and other spouse’s need [115]*115to have fees paid.”)); accord Bator v. Osborne, 833 So.2d 884 (Fla. 2d DCA 2003).

Reversed and remanded.

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Bluebook (online)

79 So. 3d 114, 2012 Fla. App. LEXIS 518, 2012 WL 127048, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leon-v-velazquez-fladistctapp-2012.

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