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

When a party files a petition and requests attorney’s fees and costs based on the relative financial standing of the parties, is the request for fees dismissed if the petition is ultimately dismissed? This was an issue in the case Pimienta v. Rosenfeld, 3D22-1938 (Fla. 3d DCA February 28, 2024).

The mother filed a petition to modify the parenting plan. The father filed a motion to dismiss the petition which was granted. Although the mother filed motions for attorney’s fees based on the relative financial standing of the parties, the court summarily denied this request while granting the father’s motion to dismiss the petition. The mother appealed.

The appellate court affirmed the dismissal of the petition, but reversed as to the attorney’s fees. It held “The Mother properly raised motions for attorney’s fees after the final judgment dealing with costs of representation incurred based on postdissolution proceedings. However, the trial court summarily dismissed the Mother’s requests without making any findings regarding the parties’ respective needs and ability to pay. The order merely provided: All other motions filed in this case were either subsumed in the amended final judgment or are now moot. The trial court’s summary denial of the Mother’s motion for attorney’s fees, without making any findings regarding the parties’ need and ability to pay, is reversible error.”

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