Miller v. Miller
District Court of Appeal of Florida
1Opinion of the CourtMay, C.J.
The former wife appeals from an attorney’s fees award to the former husband. She provides seven reasons why we should reverse the order. We find merit in the first issue, in which she argues the trial court erred in awarding fees for the former husband’s Petition for Modification based on the prevailing party fee provision in the marital settlement agreement1 (“MSA”). We agree and reverse.
The Final Judgment of Dissolution of Marriage incorporated the MSA, which contained the following provision:
ENFORCEMENT: If any subsequent proceedings to enforce any provisions of the Agreement are…
2Cases cited3 opinions
- Trytek v. Gale Industries, Inc.Supreme Court of Florida · 2009
- Reilly v. ReillyDistrict Court of Appeal of Florida · 2012
- Franzen v. Lacuna Golf Ltd. PartnershipDistrict Court of Appeal of Florida · 1998
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