Phillips v. Phillips
| Decision Date | 20 February 2019 |
| Docket Number | Case No. 2D18-1025 |
| Citation | 264 So.3d 1129 |
| Parties | Erin W. PHILLIPS, Petitioner, v. Donald E. PHILLIPS ; Lost Heaven Trust; Encore Trust; and Legacy Trust, Respondents. |
| Court | Florida District Court of Appeals |
264 So.3d 1129
Erin W. PHILLIPS, Petitioner,
v.
Donald E. PHILLIPS ; Lost Heaven Trust; Encore Trust; and Legacy Trust, Respondents.
Case No. 2D18-1025
District Court of Appeal of Florida, Second District.
Opinion filed February 20, 2019
John B. Agnetti of Hoffman, Larin, & Agnetti, P.A., North Miami Beach, for Petitioner.
Michael R. Carey of Carey, O'Malley, Whitaker, Mueller, Roberts & Smith, P.A., Tampa, for Respondents Lost Heaven Trust, The Encore Trust, and Legacy Trust.
No appearance for Respondent Donald E. Phillips.
VILLANTI, Judge.
Erin W. Phillips (the Wife) petitions for a writ of certiorari to quash the trial court's order that sustained the objections of nonparties Lost Heaven Trust, Encore Trust, and Legacy Trust (collectively "the Trusts") to her requests for production of documents and quashed the accompanying subpoenas for records directed to them in this dissolution case between the Wife and Donald E. Phillips (the Husband). Because the trial court's order departed from the essential requirements of the law and because the error cannot reasonably be corrected on plenary appeal at the conclusion of the case, we grant the petition and quash the trial court's order.
The primary disputes between the parties revolve around financial issues, including alimony, child support, and attorney's fees. The record shows that the trial court had previously ordered the Trusts to produce financial records for a specified period of time, at least some of which showed that the Trusts regularly disbursed funds to or on behalf of the Husband in amounts that were not reflected on his financial affidavit.
In anticipation of a hearing on her motion for temporary support and attorney's fees, the Wife sought to subpoena updated financial records from the Trusts.1 The Trusts objected to the requests and moved to quash the subpoenas, contending that the documents were confidential and irrelevant to any issue before the court.
At a hearing on the Trusts' objections and motions to quash, the Wife asserted that she needed updated financial records to be able to establish the Husband's income and expenses so that she could offer evidence of the parties' financial resources as well as the Husband's ability to pay temporary support and attorney's fees. In response, the Husband stipulated on the record that he could afford to pay "whatever the trial court ordered." Based on that magnanimous stipulation, the trial court sustained the Trusts' objections and granted the motions to quash the subpoenas. However, because this ruling prevents the Wife from obtaining the evidence she needs to meet her burden of proof, we must grant the petition and quash the trial court's order.
Section 61.16(1), Florida Statutes (2017), permits the trial court to order one party to pay a reasonable amount for attorney's fees, suit money, and costs to maintain or defend a dissolution action "after considering the financial resources of both parties." The purpose of such an award is "to ensure that both parties will have a similar ability to obtain competent legal counsel." Cullen v. Cullen, 884 So.2d 304, 306 (Fla. 2d DCA 2004). In furtherance of this purpose,
[a] circuit court cannot deny attorneys' fees and costs under section 61.16 without making any findings as to the parties' relative financial needs and abilities. Perrin v. Perrin, 795 So.2d 1023, 1024-25 (Fla. 2d DCA 2001) (citing Schlafke v. Schlafke, 755 So.2d 706, 707 (Fla. 4th DCA 1999) ). The court must make findings of fact sufficient to permit
appellate review of its decision to award or deny a party's request for attorneys' fees and costs under section 61.16. See Cullen, 884 So.2d at 306.
Powers v. Powers, 193 So.3d 1047, 1048 (Fla. 2d DCA 2016).
To enable the court to make the required findings, the party requesting an award of temporary support and attorney's fees must present evidence of the financial resources of both parties, the marital lifestyle, the need for temporary support, and the other party's ability to pay. The trial court is required by statute to consider all sources of income available to each spouse, including trust income, when considering such temporary awards of support and attorney's fees. See, e.g., Beck v. Beck, 852 So.2d 934, 936 (Fla. 2d DCA 2003). Because the scope of the inquiry into the parties' respective financial resources is relatively broad, the trial court cannot elect to limit its review to only the parties' financial affidavits if a party seeks to present additional relevant evidence. See, e.g., Weasel v. Weasel, 421 So.2d 749, 750-51 (Fla. 4th DCA 1982) (reversing denial of...
To continue reading
Request your trial
- Rodgers v. State
-
Allen v. Juul
...ability to retain competent counsel." Hanson v. Hanson, 217 So. 3d 1165, 1169 (Fla. 2d DCA 2017) ; see generally Phillips v. Phillips, 264 So. 3d 1129, 1132 (Fla. 2d DCA 2019) (explaining what evidence the requesting party must present to support an award of attorney's fees under section 61......
-
Bolliger v. Fries
...section 61.16 without making any findings as to the parties' relative financial needs and abilities.' " (quoting Phillips v. Phillips, 264 So. 3d 1129, 1131 (Fla. 2d DCA 2019) )).We reverse the portion of the final judgment denying Mr. Bolliger's request for attorney's fees and remand for t......
-
Odom v. Odom
...and the other party's ability to pay. Demont v. Demont , 67 So. 3d 1096, 1101 (Fla. 1st DCA 2011) ; see also Phillips v. Phillips , 264 So. 3d 1129, 1132 (Fla. 2d DCA 2019)."For purposes of determining alimony, there is a rebuttable presumption that a short-term marriage is a marriage havin......
-
Certiorari Review of Orders Denying Discovery in Civil Cases.
...Mason v. Jenssen, 113 So. 3d 41 (Fla. 2d DCA 2012) (father's financial information, in child-support action); Phillips v. Phillips, 264 So. 3d 1129 (Fla. 2d DCA 2019) (financial records of trust relevant to husband's financial resources, in divorce action, as relevant to wife's claims for t......
-
Temporary relief
...create vested rights, and the court may modify or vacate a temporary award at any time during the litigation. [ Phillips v. Phillips , 264 So. 3d 1129, 1132 (Fla. 2d DCA 2019) (holding that to “enable the court to make the required findings, the party requesting an award of temporary suppor......