04-0427 FISCHER VS. FISCHER

State: Florida

Court: Florida Third District Court

Docket No: 04-0427 FISCHER VS. FISCHER

Case Date: 08/25/2004

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM A.D., 2004 ** ** Appellant, vs. KENNETH C. FISCHER, Appellee. ** Opinion filed August 25, 2004. An Appeal from the Circuit Court for Miami-Dade County, Thomas S. Wilson, Jr., Judge. Simon Schindler & Sandberg, and Steven J. Silverman, for appellant. Leinoff & Lemos, and Andrew Leinoff, and Ansana D. Singh, for appellee. Before GREEN, RAMIREZ, and SHEPHERD, JJ. PER CURIAM. Affirmed. See Cole v. Cole, 723 So. 2d 925, 927 (Fla. 3d DCA 1999); Marrone v. Miami Nat'l Bank, 507 So. 2d 652, 653 (Fla. 3d DCA 1987). ** ** ** LOWER TRIBUNAL NO. 01-24507 CASE NO. 3D04-427

DIANNE FISCHER, etc.,

Appellee Kenneth C. Fischer's motion for attorney's fees and costs on appeal is remanded to the trial court. Florida Statutes, and Rosen v. Rosen, 696 So. 2d 697 If the (Fla. This to the movant establishes his entitlement pursuant to section 61.16, 1997), the trial court is authorized to award the movant all or a portion of the reasonable appellate attorney's fees. therefore the trial court should give great weight court concludes that the appeal by the wife lacked merit, and factors set forth in Rosen. (Fla. 2d DCA 2001). We therefore affirm the order on appeal and remand the cause to the trial court to determine Kenneth C. Fischer's motion for attorney's fees and costs. See Rados v. Rados, 791 So. 2d 1130

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