Christina Fano Schultheis v. Milan Schultheis

Summary

The Florida Third District Court of Appeal affirms an initial attorney’s fees order in a post-dissolution enforcement proceeding. It reverses a subsequent order awarding fees incurred by the former wife’s nonparty attorney in litigating the amount of attorney’s fees, holding that such “fees for fees” are not authorized by the plain language or purpose of section 61.16(1), Florida Statutes. The court certifies conflict with Schneider v. Schneider, 32 So. 3d 151 (Fla. 4th DCA 2010).

Holdings

1. The circuit court did not abuse its discretion in awarding Former Wife attorney's fees incurred in enforcing the marital settlement agreement.
2. Section 61.16(1), Florida Statutes, does not authorize an award of attorney's fees incurred by a nonparty attorney in litigating the amount of that attorney's own fees.
3. The subsequent attorney's fees order must be reversed and the matter remanded for recalculation excluding fees incurred litigating the amount of attorney's fees.

Questions Presented

1. Whether the circuit court abused its discretion in awarding Former Wife attorney's fees incurred in enforcing the marital settlement agreement.
2. Whether section 61.16(1), Florida Statutes, authorizes an award of attorney's fees incurred by a nonparty attorney in litigating the amount of that attorney's own fees.
3. Whether the award of fees for fees is consistent with the plain language and underlying purposes of section 61.16(1) and chapter 61.

Disposition

reversed_and_remanded