Vitale v. Vitale

Alexander F. Vitale appeals an award of attorney’s fees to his former wife, Anne Vitale n/k/a Anne Mitchell, arising from post-dissolution proceedings. We affirm the award of attorney’s fees to the former wife following the former husband’s notice of voluntary dismissal of his Amended Supplemental Petition for Modification, but reverse the award of attorney’s fees to the former wife following denial of the former husband’s Emergency Motion for Christmas Visitation.

On July 16, 2003 the parties entered into a mediated marital settlement agreement. At that time their two minor daughters were…