Florida District Courts of Appeal, 2017

Larkin v. Larkin

Larkin v. Larkin
Florida District Courts of Appeal · Decided January 13, 2017 · Evander, Lambert, Torpy
207 So. 3d 1026; 2017 Fla. App. LEXIS 293 (Southern Reporter, Third Series)

Larkin v. Larkin

Opinion of the Court

PER CURIAM.

We affirm, without discussion, the trial court’s determination as to the proper distribution of the parties’ Morgan Stanley account pursuant to the terms of their *1027marital settlement agreement. However, we conclude that the trial court erred in failing to award the former wife a reasonable attorney’s fee. The marital settlement agreement provided for an award of fees to the prevailing party “in the event of a legal action or other proceeding arising under this Agreement.” Here, the former wife prevailed on the only significant issue resolved by the trial court in its post-judgment order. Therefore, we reverse the portion of the trial court’s order denying the former wife’s motion for attorney’s fees.

AFFIRMED, in part; REVERSED, in part; REMANDED.

TORPY, EVANDER and LAMBERT, JJ., concur.

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