Florida District Courts of Appeal, 2004

Fischer v. Fischer

Fischer v. Fischer
Florida District Courts of Appeal · Decided August 25, 2004 · Green, Ramirez, Shepherd
882 So. 2d 435; 2004 Fla. App. LEXIS 12496; 2004 WL 1886015 (Southern Reporter, Second Series)

Fischer v. Fischer

Opinion of the Court

PER CURIAM.

Affirmed. See Cole v. Cole, 723 So.2d 925, 927 (Fla. 3d DCA 1999); Marrone v. Miami Nat’l Bank, 507 So.2d 652, 653 (Fla. 3d DCA 1987).

Appellee Kenneth C. Fischer’s motion for attorney’s fees and costs on appeal is remanded to the trial court. If the movant establishes his entitlement pursuant to section 61.16, Florida Statutes, and Rosen v. Rosen, 696 So.2d 697 (Fla. 1997), the trial court is authorized to award the movant all or a portion of the reasonable appellate attorney’s fees. This court concludes that the appeal by the wife lacked merit, and therefore the trial court should give great weight to the factors set forth in Rosen. See Rados v. Rados, 791 So.2d 1130 (Fla. 2d DCA 2001).

We therefore affirm the order on appeal and remand the cause to the trial court to determine Kenneth C. Fischer’s motion for attorney’s fees and costs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.