SC03-1275 – Hadi B. Lashkajani v. Amy H. Lashkajani

State: Florida

Docket No: SC03-1275

Case Date: 06/30/2005

Preview:Supreme Court of Florida
____________ No. SC03-1275 ____________ HADI B. LASHKAJANI, Appellant, vs. AMY H. LASHKAJANI, Appellee. [June 30, 2005] CANTERO, J. In this case, we consider the enforceability of a prevailing party attorney's fees provision in a prenuptial agreement. The Second District Court of Appeal certified the following question of great public importance: "May the parties, by express provision in a prenuptial agreement, contract away a future obligation to pay attorney's fees and costs during the term of the marriage by providing for prevailing party attorney's fees in actions seeking to enforce or prevent the breach of the prenuptial agreement?" Lashkajani v. Lashkajani, 855 So. 2d 87, 90 (Fla. 2d DCA 2003). We have discretionary jurisdiction and granted review. Lashkajani v. Lashkajani, 879 So. 2d 622 (Fla. 2004) (order granting review); see art. V,

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