Robin E. Thomas-Jones v. John Fitzgerald Jones

District Court of Appeal of Florida

Robin E. Thomas-Jones v. John Fitzgerald Jones

CourtDistrict Court of Appeal of Florida

DecidedDecember 6, 2024

Docket5D2023-1080

StatusPublished

This text of Robin E. Thomas-Jones v. John Fitzgerald Jones (Robin E. Thomas-Jones v. John Fitzgerald Jones) 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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Robin E. Thomas-Jones v. John Fitzgerald Jones, (Fla. Ct. App. 2024).

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Opinion

FIFTH DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

Case No. 5D2023-1080 LT Case No. 2018-DR-002642-FM _____________________________

ROBIN E. THOMAS-JONES,

Appellant,

v.

JOHN FITZGERALD JONES,

Appellee. _____________________________

On appeal from the Circuit Court for Duval County. James E. Kallaher, Judge.

Robert W. Elrod, Jr., of Elrod & Elrod, P.A., Jacksonville, for Appellant.

Robert H. Fishback, Jr., Jacksonville, for Appellee.

December 6, 2024

PER CURIAM.

Appellant, Robin Thomas-Jones, appeals the lower court’s denial of her petition to relocate her minor children out of state. She contends that the court below erred by denying the petition, failing to allow testimony of her minor children, and awarding her former husband attorney’s fees without making express findings about his need for financial assistance. We affirm on Appellant’s first two issues, but reverse and remand for the trial court to make findings regarding former husband’s need for attorney’s fees. See Miron v. Richardson, 278 So. 3d 738 (Fla. 1st DCA 2019) (reversing an award of attorney’s fees where the court only found that one party’s financial condition was superior, without addressing the parties’ respective need for financial assistance).

AFFIRMED in part, REVERSED in part, and REMANDED with instructions.

SOUD, BOATWRIGHT, and MACIVER, JJ., concur.

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

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FIFTH DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

Case No. 5D2023-1080 LT Case No. 2018-DR-002642-FM _____________________________

ROBIN E. THOMAS-JONES,

Appellant,

v.

JOHN FITZGERALD JONES,

Appellee. _____________________________

On appeal from the Circuit Court for Duval County. James E. Kallaher, Judge.

Robert W. Elrod, Jr., of Elrod & Elrod, P.A., Jacksonville, for Appellant.

Robert H. Fishback, Jr., Jacksonville, for Appellee.

December 6, 2024

PER CURIAM.

Appellant, Robin Thomas-Jones, appeals the lower court’s denial of her petition to relocate her minor children out of state. She contends that the court below erred by denying the petition, failing to allow testimony of her minor children, and awarding her former husband attorney’s fees without making express findings about his need for financial assistance. We affirm on Appellant’s first two issues, but reverse and remand for the trial court to make findings regarding former husband’s need for attorney’s fees. See Miron v. Richardson, 278 So. 3d 738 (Fla. 1st DCA 2019) (reversing an award of attorney’s fees where the court only found that one party’s financial condition was superior, without addressing the parties’ respective need for financial assistance).

AFFIRMED in part, REVERSED in part, and REMANDED with instructions.

SOUD, BOATWRIGHT, and MACIVER, JJ., concur.

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

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Bluebook (online)

Robin E. Thomas-Jones v. John Fitzgerald Jones, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robin-e-thomas-jones-v-john-fitzgerald-jones-fladistctapp-2024.