5D10-2198 Crowell v. Crowell

State: Florida

Court: Florida Fifth District Court

Docket No: 5D10-2198

Case Date: 10/17/2011

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2011

TOMASITA D. CROWELL, Appellant, v. TODD C. CROWELL, Appellee. ________________________________/ Opinion filed October 21, 2011 Appeal from the Circuit Court for Seminole County, Alan A. Dickey, Judge. Ricardo L. Carmona of The Carmona Law firm, P.A., Maitland, for Appellant. John A. Baldwin, of Baldwin & Morrison, P.A., Fern Park, for Appellee. Case No. 5D10-2198

PER CURIAM. Tomasita Crowell, the former wife, appeals from an order dismissing her

supplemental petition for modification that was entered at the conclusion of opening statements. We reverse. The former wife's petition alleged sufficient grounds to

support a modification as to child support, time-sharing schedule, and parental responsibility for decisions regarding the minor child's healthcare. Therefore she should have been afforded the opportunity to try to prove her case.

However, we dismiss the former wife's appeal of the trial court's order awarding attorney's fees to the former husband. Because the trial court only determined

entitlement and did not determine the amount of fees, this issue is not ripe for appellate consideration. Revier v. Revier, 45 So. 3d 570, 571 (Fla. 4th DCA 2010). REVERSED and REMANDED in part; DISMISSED in part.

GRIFFIN, TORPY and EVANDER, JJ., concur.

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