Posted by Nydia Streets of Streets Law in Florida Family Law Procedure

Chapter 742 of the Florida Statutes governs paternity cases in Florida. Subsection 742.045 states “The court may from time to time, after considering the financial resources of both parties, order a party to pay a reasonable amount for attorney’s fees, suit money, and the cost to the other party of maintaining or defending any proceeding under this chapter, including enforcement and modification proceedings.” Does this include fees when a paternity case is appealed? This was an issue in the case C.T. v. T.G., 6D2023-1771 (Fla. 6th DCA November 15, 2024).

In this case, both parties requested attorney’s fees and costs from the other in defending an appeal arising from a paternity case. The appellate court noted “Florida Rule of Appellate Procedure 9.400(b) governs appellate attorney’s fees and requires a motion to ‘state the grounds on which recovery is sought.’ Florida courts interpret this language as requiring a party moving for fees to ‘provide substance and specify the particular contractual, statutory, or other substantive basis for an award of fees on appeal.’ United Servs. Auto. Ass’n v. Phillips, 775 So. 2d 921, 922 (Fla. 2000). The parties to this case each rely on section 742.045, Florida Statutes (2023), as their substantive basis for fees.”

The opinion examines the rulings of other district courts of appeal and certifies conflict with these opinions, and offers its own analysis contradicting other district courts: “Our analysis begins, as always, with the plain language of the relevant text. ‘In ascertaining the plain meaning of the statute,” we “look to the particular statutory language at issue, as well as the language and design of the statute as a whole.’ [. . .] The statutory language at issue here permits an order to pay a reasonable amount for attorney’s fees to the other party for ‘maintaining or defending any proceeding under this chapter, including enforcement and modification proceedings.’ § 742.045, Fla. Stat. (emphasis added). First, because the phrase ‘any proceeding’ in section 742.045 is immediately followed by the prepositional phrase ‘under this chapter,’ we agree with Judge Eisnaugle that ‘any proceeding’ is 'obviously narrowed by the phrase‘ under this chapter.’ [. . .] Next, because ‘any proceeding’ has been narrowed, we must consider whether an appeal is a proceeding ‘under this chapter.’ It is not. As Judge Klingensmith explained, ‘nothing within the entirety of [chapter 742] identifies ‘any proceeding under this chapter’ to include appeals.’ Beckford, 216 So. 3d at 2. Instead, chapter 742 repeatedly describes proceedings under the chapter as circuit court proceedings.”

The court concluded “In light of the foregoing, we conclude section 742.045 does not address or include attorney’s fees incurred in appellate proceedings. We are not permitted to add to what the text states or reasonably implies.” The court held “Because we can find nothing in the text of section 742.045 to authorize an award of attorney’s fees incurred on appeal, the parties’ respective requests for appellate attorney’s fees on this basis are denied. Further, because neither party has provided this court with an alternative substantive basis for fees, both motions for appellate attorney’s fees are denied. Finally, we certify conflict with Beckford v. Drogan, 216 So. 3d 1 (Fla. 4th DCA 2017), and McNulty v. Bowser, 233 So. 3d 1277 (Fla. 5th DCA 2018).”

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