Mincy v. Mincy

District Court of Appeal of Florida

Mincy v. Mincy

66 So. 3d 1075, 2011 Fla. App. LEXIS 12301, 2011 WL 3359636

CourtDistrict Court of Appeal of Florida

DecidedAugust 5, 2011

DocketNo. 5D10-2039

StatusPublished

This text of 66 So. 3d 1075 (Mincy v. Mincy) 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

Mincy v. Mincy, 66 So. 3d 1075, 2011 Fla. App. LEXIS 12301, 2011 WL 3359636 (Fla. Ct. App. 2011).

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Opinion

SAWAYA, J.

Mark A. Mincy (“Husband”) appeals a non-final order entered in the underlying dissolution of marriage action awarding Amy K. Mincy (“Wife”) temporary attorney’s fees, accounting fees, and business valuation fees in the amount of $28,000.¹

We affirm the award of $11,000 for fees awarded to Wife’s current attorney. We reverse the award of $5,000 for costs of valuation of Husband’s business because Wife has abandoned her request for a business valuation. We also reverse the awards of $4,000 for fees for Wife’s prior attorney and $8,000 for her accountant fees and remand to the trial court to make sufficient findings regarding the reasonableness of those awards. See § 61.16(1), Fla. Stat. (2010) (“The court may from time to time, after considering the financial resources of both parties, order a party to pay a reasonable amount for attorney’s fees, suit money, and the cost to the other party of maintaining or defending any proceeding under this chapter....”); Stanton v. Stanton, 50 So.3d 688, 691 (Fla. 2d DCA 2010); Baker v. Baker, 35 So.3d 76 (Fla. 2d DCA 2010).

AFFIRMED in part; REVERSED in part; and REMANDED.

GRIFFIN and COHEN, JJ., concur.

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SAWAYA, J.

Mark A. Mincy (“Husband”) appeals a non-final order entered in the underlying dissolution of marriage action awarding Amy K. Mincy (“Wife”) temporary attorney’s fees, accounting fees, and business valuation fees in the amount of $28,000.¹

We affirm the award of $11,000 for fees awarded to Wife’s current attorney. We reverse the award of $5,000 for costs of valuation of Husband’s business because Wife has abandoned her request for a business valuation. We also reverse the awards of $4,000 for fees for Wife’s prior attorney and $8,000 for her accountant fees and remand to the trial court to make sufficient findings regarding the reasonableness of those awards. See § 61.16(1), Fla. Stat. (2010) (“The court may from time to time, after considering the financial resources of both parties, order a party to pay a reasonable amount for attorney’s fees, suit money, and the cost to the other party of maintaining or defending any proceeding under this chapter....”); Stanton v. Stanton, 50 So.3d 688, 691 (Fla. 2d DCA 2010); Baker v. Baker, 35 So.3d 76 (Fla. 2d DCA 2010).

AFFIRMED in part; REVERSED in part; and REMANDED.

GRIFFIN and COHEN, JJ., concur.

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Bluebook (online)

66 So. 3d 1075, 2011 Fla. App. LEXIS 12301, 2011 WL 3359636, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mincy-v-mincy-fladistctapp-2011.

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