In determining attorney’s fees, the court should consider the financial situation of the parties after the dissolution proceeding has concluded.
Part of opinion: Trial court abused its discretion ordering one party to pay the other party’s attorney’s fees where it failed to consider the financial situation of the parties after the dissolution proceeding. See Ziruolo v. Ziruolo, 217 So. 3d 1170, 1172 (Fla. 1st DCA 2017) (noting a critical factor for a trial court to consider in awarding fees is the financial situation of the parties after the dissolution proceeding has concluded); Lovell v. Lovell, 14 So. 3d 1111, 1117 (Fla. 5th DCA 2009) (directing courts to determine attorney’s fees after the dissolution proceeding has concluded, based upon the parties’ resulting financial situation).
Case: Frank E. Smith, Jr. v. Christine Fenton-Smith
Opinion filed June 25, 2021
5th DCA
Case No. 1D20-168
Link to full opinion: https://hi.switchy.io/7EIA