Jason Garmon v. Meagan Garmon

Summary

The Sixth District Court of Appeal of Florida reversed an order awarding attorney’s fees to Meagan Garmon in a post-dissolution proceeding. The court held that the record lacked competent substantial evidence supporting Former Wife’s need for attorney’s fees and also reversed the order denying rehearing.

Holdings

1. An attorney's-fee award in this post-dissolution proceeding cannot stand when the record lacks competent substantial evidence supporting the requesting spouse's need for fees. Because the record lacked such evidence, the fee award was reversed.
2. Under Florida Family Law Rule of Procedure 12.530(e), the sufficiency of evidence supporting a judgment entered after a nonjury trial may be raised on appeal even if the issue was not raised in the trial court or in a motion for rehearing.

Questions Presented

1. Whether the attorney's-fee award was supported by competent substantial evidence of Former Wife's need for fees.
2. Whether the sufficiency of the evidence supporting the fee award could be raised for the first time in a motion for rehearing or on appeal.

Disposition

reversed