Raton v. Wallace, Case No. 5D15–4184
Decision Date | 22 December 2016 |
Docket Number | Case No. 5D15–4184 |
Citation | 207 So.3d 978 |
Parties | Agustin RATON, Appellant, v. Brydie K. WALLACE f/k/a Brydie K. Raton, Appellee. |
Court | Florida District Court of Appeals |
Mikaela Nix, Orlando, for Appellant.
N. Diane Holmes, of N. Diane Holmes, P.A., Orlando, for Appellee.
Former Husband, Agustin Raton, appeals the trial court's denial of his motion seeking to hold Former Wife, Brydie Wallace, in contempt. Former Husband first addresses the trial court's order finding that Former Wife was entitled to attorney's fees. The amount of fees, however, has not yet been determined. We dismiss that portion of the appeal without consideration of the merits, because an order awarding attorney's fees with the amount to be later determined is not an appealable order. See Rausch v. Rausch , 680 So.2d 624, 624–25 (Fla. 5th DCA 1996).
Former Husband secondly asserts that Former Wife should have been found in contempt of court based upon her changing the therapist who provides counseling to their children. The parties' marital settlement agreement ("MSA") specified that their children would attend counseling with Dr. Meade, whose office is located in Orange County, Florida. When Former Wife relocated the children to Merritt Island, attending therapy sessions with Dr. Meade became impractical. Former Wife thereafter made arrangements with a different therapist in Merritt Island to provide counseling services for the children. The MSA did not state that Dr. Meade was the only acceptable therapist, nor did it specify how long Dr. Meade was to be the children's therapist. We agree with the trial court that Former Wife was complying with the intent of the MSA by continuing to take the children for counseling. Thus, we find that the trial court did not abuse its discretion in denying Former Husband's motion to hold Former Wife in contempt. See Stusch v. Jiruska, 188 So.3d 874, 878 (Fla. 4th DCA 2016); Bertuglia v. Roe, 42 So.3d 285, 285 (Fla. 5th DCA 2010).
AFFIRMED IN PART AND DISMISSED IN PART.
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Gupta v. Gupta
...because an order awarding attorney's fees without setting the amount of such fees is a non-appealable order. See Raton v. Wallace , 207 So. 3d 978, 979 (Fla. 5th DCA 2016) (citing Rausch v. Rausch , 680 So. 2d 624, 625 (Fla. 5th DCA 1996) ). As to all other issues raised on appeal, we affir......
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Gupta v. Gupta
... ... from the Circuit Court for Orange County, LT Case No ... 2017-DR-011768Diana M. Tennis, Judge ... order. See Raton v. Wallace, 207 So.3d 978, 979 ... (Fla. 5th DCA 2016) (citing Raush ... ...