Wednesday, June 30, 2010

Fourth District Court Reverses Fee Award

The Fourth District Court today reversed the lower tribunal's ruling in Herbst v. Herbst, citing Rosen v. Rosen, 696 So.2d 697 (Fla. 1997) for the proposition that a former spouse cannot be ordered to pay 75% of their former spouse's fees where the parties have roughly the same disposable income. The Court was careful to narrow its ruling to the 75% awarded, as a small percentage of fees may have been justified, but 75% clearly was not.

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