Husband Seeks Review Of Final Order Granting Legal Fees In Appeal

In the case of Viscito v. Viscito, the husband, Charles Viscito, sought a review of a trial court order and judgment that awarded appellate attorney’s fees and costs to his former wife, Barbara Viscito. The husband hoped not to have to pay for his wife’s attorney’s fees and asked the appeals court to review whether or not the proper procedure had been followed in awarding attorney’s fees to his former wife. In this case, the court awarded the wife a judgment of $63,364 in appellate attorney’s fees and another $4,208.00 for costs without entering the findings required for Rosen v. Rosen.

Rosen fees (Rosen v. Rosen)

Rosen v. Rosen is an important Florida Supreme Court decision that addressed the issue of attorney’s fees in a divorce case. In other words, when can a spouse sue the other spouse for attorney’s fees? The case involved a dispute between a divorcing couple over who should pay the attorney fees for the divorce. The decision in this case provided valuable guidance on the factors considered when awarding attorney’s fees and highlighted the importance of fairness when considering such matters.

Florida courts have the discretion to award attorney’s fees based on various factors that are set forth in the Rosen decision. The Rosen case emphasized that the most important consideration was whether or not one spouse had a financial need and the other spouse had the ability to pay. The court considers the financial resources of both parties including income, assets, and debts, to determine the allocation of attorney’s fees.

Viscito v. Viscito 

In 2016, the court specified that Ms. Viscito’s motion for appellate attorney’s fees was “conditionally granted” and remanded to the trial court to determine the amount. Rosen requires a “need and ability to pay” analysis before an award is made. In other words, Ms. Viscito must establish that she cannot afford to pay the attorney’s fees and her husband can. This is different from other areas of the law where a prevailing party can be awarded attorney’s fees.

In this case, the appeals court determined that the trial court did not consider the wife’s need for attorney’s fees when it awarded them to her. Under Rosen, the court has an obligation to conduct an inquiry into the party who is request’s attorney’s fees and their ability to pay. They must also determine that the other party has the ability to pay for the other party’s legal fees. Since no such inquiry was conducted, the appeals court remanded the case to the trial court to conduct a hearing pursuant to Rosen that would determine the relative need and ability of both parties.

Talk to a Tampa, FL Family Law Attorney Today 

Faulkner Law Group, PLLC represents the interests of divorcing couples in Tampa, FL. If you are currently considering divorce, you’ll need experienced representation to secure a beneficial judgment. Call our Tampa family lawyers today to schedule an appointment, and we can begin discussing your interests right away.

Source:

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