Saturday, April 9, 2011

Failure to Address Fees Mandates Reversal

The Fourth District Court of Appeal issued its ruling in Flores v. Flores this week, reversing the lower court solely on the basis that it did not address the Former Wife’s request for fees, made in her response to a petition to modify as well as in her written closing arguments after trial and the pretrial statement.  Because the Court below did not rule on fees or reserve on the issue, and did not grant rehearing as to that failure, the Fourth District Court reversed, citing the similar case of Harbin v. Harbin, 762 So. 2d 561 (Fla. 5th DCA 2000).

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