Wednesday, October 3, 2012

Fourth District Reverses Fee Award…Again

In Hitchcock v. Hitchcock, 992 So.2d 436, 439 (Fla. 4th DCA 2008), the Fourth District Court of Appeal reversed the lower court’s judgment on equitable distribution and mandated that the court reconsider its previous fee award.  The court below required a $50,000.00 plus reimbursement based on this mandate, but today, in Hitchcock v. Hitchcock, the Fourth District again reversed the award, finding that the award still resulted in an unjustified award of fees to one party in the face of nearly equal resources.  As such, the 4th DCA reverse again, now mandating complete reversal of the previous fee award.

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