Randall v. Randall, 3D04-2932.
Decision Date | 14 June 2006 |
Docket Number | No. 3D04-2932.,3D04-2932. |
Citation | 930 So.2d 840 |
Court | Florida District Court of Appeals |
Parties | Stephen RANDALL a/k/a Steven Randall, Appellant, v. Kristina RANDALL, Appellee. |
Kendra Faulkner Shaw and Daniel Kaplan, Aventura, for appellant.
Patterson & Sweeny and John H. Patterson, Jr., Miami, for appellee.
Before FLETCHER and CORTIÑAS, JJ., and SCHWARTZ, Senior Judge.
In a prior unsuccessful appeal by the appellant-former husband, Randall v. Randall, 875 So.2d 667 (Fla. 3d DCA 2004) (table), this Court granted the appellee-wife's motion for attorney's fees and costs and "remanded to the trial court to fix amount." Contrary to his primary contention on the present appeal from the resulting order below, we agree with the lower court that it was required to assess a reasonable fee for all the services rendered on appeal by the wife's counsel without regard to the parties' respective financial ability and need or any of the other factors stated in Rosen v. Rosen, 696 So.2d 697 (Fla.1997). See Young v. Hector, 884 So.2d 1025, 1026 (Fla. 3d DCA 2004) (); Bass v. State Farm Life Ins. Co., 649 So.2d 924, 925 (Fla. 3d DCA 1995) () ; Barbara Green, Cracking the Code: Interpreting and Enforcing the Appellate Court's Decision and Mandate, 32 Stetson L.Rev. 393 (2003).
When the Court determines otherwise, its order says so. See Fischer v. Fischer, 882 So.2d 435, 435 (Fla. 3d DCA 2004) () ; Reznik v. Reznik, 865 So.2d 507 (Fla. 3d DCA 2003) ( )("Respondent's motion for appellate attorneys' fees is provisionally granted and remanded to the trial court to fix amount conditioned on a finding of the wife's need and the husband's ability to pay."); Young v. Hector, 833 So.2d 793, 795 (Fla. 3d DCA 2002) ( ...
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...fees. The trial court correctly ruled that the issue of entitlement had already been decided by this court. See Randall v. Randall, 930 So.2d 840, 841 (Fla. 3d DCA 2006). The trial court conducted an evidentiary hearing and entered an attorney's fee judgment. The former husband has The form......
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...fees. The trial court correctly ruled that the issue of entitlement had already been decided by this court. See Randall v. Randall, 930 So. 2d 840, 841 (Fla. 3d DCA 2006). The trial court conducted an evidentiary hearing and entered an attorney's fee judgment. The former husband has appeale......
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Viscito v. Viscito, 3D15-786.
...on the issue as it was under the impression that it was only required to fix an amount. As this Court explained in Randall v. Randall, 930 So.2d 840 (Fla. 3d DCA 2006), this Court may either grant appellate attorney's fees and remand for the trial court to assess a reasonable fee,2 or provi......