Florida Statute 61.16 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 61
DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING

View Entire Chapter

F.S. 61.16

61.16 Attorney’s fees, suit money, and costs.—

(1) The court may from time to time, after considering the financial resources of both parties, order a party to pay a reasonable amount for attorney’s fees, suit money, and the cost to the other party of maintaining or defending any proceeding under this chapter, including enforcement and modification proceedings and appeals. In those cases in which an action is brought for enforcement and the court finds that the noncompliant party is without justification in the refusal to follow a court order, the court may not award attorney’s fees, suit money, and costs to the noncompliant party. An application for attorney’s fees, suit money, or costs, whether temporary or otherwise, shall not require corroborating expert testimony in order to support an award under this chapter. The trial court shall have continuing jurisdiction to make temporary attorney’s fees and costs awards reasonably necessary to prosecute or defend an appeal on the same basis and criteria as though the matter were pending before it at the trial level. In all cases, the court may order that the amount be paid directly to the attorney, who may enforce the order in that attorney’s name. In determining whether to make attorney’s fees and costs awards at the appellate level, the court shall primarily consider the relative financial resources of the parties, unless an appellate party’s cause is deemed to be frivolous. In Title IV-D cases, attorney’s fees, suit money, and costs, including filing fees, recording fees, mediation costs, service of process fees, and other expenses incurred by the clerk of the circuit court, shall be assessed only against the nonprevailing obligor after the court makes a determination of the nonprevailing obligor’s ability to pay such costs and fees. The Department of Revenue shall not be considered a party for purposes of this section; however, fees may be assessed against the department pursuant to s. 57.105(1).

(2) In an action brought pursuant to Rule 3.840, Florida Rules of Criminal Procedure, whether denominated direct or indirect criminal contempt, the court shall have authority to:

(a) Appoint an attorney to prosecute said contempt.

(b) Assess attorney’s fees and costs against the contemptor after the court makes a determination of the contemptor’s ability to pay such costs and fees.

History.—s. 1, ch. 22676, 1945; s. 16, ch. 67-254; s. 17, ch. 71-241; s. 6, ch. 92-138; s. 6, ch. 93-188; s. 4, ch. 93-208; s. 9, ch. 94-124; s. 1, ch. 94-169; s. 1365, ch. 95-147; s. 6, ch. 96-183.

Note.—Former s. 65.17.

F.S. 61.16 on Google Scholar

F.S. 61.16 on CourtListener

Amendments to 61.16

Annotations, Discussions, Cases:

Cases Citing Statute 61.16

Total Results: 700

Canakaris v. Canakaris

382 So. 2d 1197

Supreme Court of Florida | Filed: Mar 27, 1980 | Docket: 516440

Cited 2268 times | Published

1973), as correctly stating that the purpose of section 61.16, Florida Statutes, was to ensure that both parties

Rosen v. Rosen

696 So. 2d 697, 1997 WL 196642

Supreme Court of Florida | Filed: Apr 24, 1997 | Docket: 1695921

Cited 312 times | Published

marriage, support, or child custody begins with section 61.16, Florida Statutes (1995), which provides in

Standard Guar. Ins. Co. v. Quanstrom

555 So. 2d 828, 1990 WL 3840

Supreme Court of Florida | Filed: Jan 11, 1990 | Docket: 1246425

Cited 192 times | Published

arrangement in family law proceedings. Further, section 61.16, Florida Statutes (1987), concerning attorney's

Perlow v. Berg-Perlow

875 So. 2d 383, 2004 WL 583130

Supreme Court of Florida | Filed: Mar 25, 2004 | Docket: 1683993

Cited 72 times | Published

the award of temporary fees was authorized by section 61.16(1) of the Florida Statutes, but ultimately denied

Perlow v. Berg-Perlow

875 So. 2d 383, 2004 WL 583130

Supreme Court of Florida | Filed: Mar 25, 2004 | Docket: 1683993

Cited 72 times | Published

the award of temporary fees was authorized by section 61.16(1) of the Florida Statutes, but ultimately denied

Amend. to Fla. Rules of Appellate Proc.

685 So. 2d 773, 1996 WL 673822

Supreme Court of Florida | Filed: Dec 26, 1996 | Docket: 1414934

Cited 65 times | Published

Belcher v. Belcher

271 So. 2d 7

Supreme Court of Florida | Filed: Aug 23, 1972 | Docket: 1438680

Cited 53 times | Published

872 (Fla. 1951); former Fla. Stat. § 61.09 now § 61.16, F.S.A. The measure of adequate care is the historical

Amend. to Fla. Rules of Appellate Proc.

696 So. 2d 1103, 1996 WL 908661

Supreme Court of Florida | Filed: Dec 26, 1996 | Docket: 2037954

Cited 51 times | Published

Ondrejack v. Ondrejack

839 So. 2d 867, 2003 WL 1038986

District Court of Appeal of Florida | Filed: Mar 12, 2003 | Docket: 1707770

Cited 49 times | Published

The purpose of awarding attorney's fees under section 61.16 is to ensure that both parties will have a similar

Segall v. Segall

708 So. 2d 983, 1998 WL 130021

District Court of Appeal of Florida | Filed: Mar 25, 1998 | Docket: 542372

Cited 41 times | Published

financial circumstances of the parties, as per section 61.16, Florida Statutes (1993), and the proper inquiry

Sumlar v. Sumlar

827 So. 2d 1079, 2002 WL 31295118

District Court of Appeal of Florida | Filed: Oct 14, 2002 | Docket: 1360465

Cited 27 times | Published

ordered costs to be shared by both parties. Section 61.16(1), Florida Statutes (2000), permits the trial

Nichols v. Nichols

519 So. 2d 620, 1988 WL 8452

Supreme Court of Florida | Filed: Feb 4, 1988 | Docket: 1332653

Cited 27 times | Published

in dissolution proceedings: [T]he purpose of section 61.16, Florida Statutes, was to ensure that both parties

Peak v. Peak

411 So. 2d 325

District Court of Appeal of Florida | Filed: Mar 24, 1982 | Docket: 187594

Cited 27 times | Published

2d 134 (Fla. 1976). However, the purpose of section 61.16, Fla. Stat. (1979), permitting the trial court

Desilets v. Desilets

377 So. 2d 761

District Court of Appeal of Florida | Filed: Nov 30, 1979 | Docket: 423294

Cited 27 times | Published

observe that such an award is authorized by Section 61.16, Florida Statutes (1977) and is a matter within

In Re Estate of Donner

364 So. 2d 742

District Court of Appeal of Florida | Filed: Oct 3, 1978 | Docket: 461728

Cited 26 times | Published

award attorneys' fees and costs in her favor. Section 61.16, Florida Statutes (1971) does not authorize

Zold v. Zold

911 So. 2d 1222, 2005 WL 2230403

Supreme Court of Florida | Filed: Sep 15, 2005 | Docket: 249811

Cited 25 times | Published

consider the "financial resources of both parties." § 61.16(1), Fla. Stat. (2004).[9] Chapter 61 contains two

Lashkajani v. Lashkajani

911 So. 2d 1154, 2005 WL 1529936

Supreme Court of Florida | Filed: Jun 30, 2005 | Docket: 11788

Cited 25 times | Published

of the agreement.[1] The wife based hers on section 61.16, Florida Statutes (2001). The circuit court

Lashkajani v. Lashkajani

911 So. 2d 1154, 2005 WL 1529936

Supreme Court of Florida | Filed: Jun 30, 2005 | Docket: 11788

Cited 25 times | Published

of the agreement.[1] The wife based hers on section 61.16, Florida Statutes (2001). The circuit court

Smith v. Smith

737 So. 2d 641, 1999 WL 560268

District Court of Appeal of Florida | Filed: Aug 3, 1999 | Docket: 1300884

Cited 25 times | Published

parties' relative financial need or ability to pay. § 61.16(1), Fla. Stat. (1997); Satter v. Satter, 709 So

Mettler v. Mettler

569 So. 2d 496, 1990 WL 149746

District Court of Appeal of Florida | Filed: Oct 10, 1990 | Docket: 1660692

Cited 25 times | Published

parties subject to their individual control. See § 61.16, Fla. Stat. (1987). Contra to the former wife's

Eagan v. Eagan

392 So. 2d 988

District Court of Appeal of Florida | Filed: Jan 21, 1981 | Docket: 1268333

Cited 25 times | Published

considering the financial resources of both parties. § 61.16, Fla. Stat. (1979). As modified in this opinion

Levy v. Levy

900 So. 2d 737

District Court of Appeal of Florida | Filed: Apr 29, 2005 | Docket: 463114

Cited 24 times | Published

proceedings for dissolution of marriage pursuant to section 61.16. "The purpose of this section is to ensure that

Bane v. Bane

775 So. 2d 938, 25 Fla. L. Weekly Fed. S 1070

Supreme Court of Florida | Filed: Nov 22, 2000 | Docket: 1668005

Cited 22 times | Published

conflict issue presented by this case is whether section 61.16, Florida Statutes (1999), authorizes an award

Seitz v. Seitz

471 So. 2d 612, 10 Fla. L. Weekly 1520

District Court of Appeal of Florida | Filed: Jun 18, 1985 | Docket: 1724729

Cited 22 times | Published

fees in the amount of $100,000. The purpose of section 61.16, Florida Statutes (1983), which allows an award

Robbie v. Robbie

591 So. 2d 1006, 1991 WL 270104

District Court of Appeal of Florida | Filed: Dec 18, 1991 | Docket: 2002151

Cited 21 times | Published

suit money [fees and costs]. The purpose of section 61.16, Florida Statutes (1989), which authorizes interim

Patterson v. Patterson

348 So. 2d 592

District Court of Appeal of Florida | Filed: Jun 30, 1977 | Docket: 1761007

Cited 21 times | Published

enforcement proceeding of the type involved here. Section 61.16, Florida Statutes. To support an award of attorney's

Larry Gene Williams v. Wanda Elaine Williams

152 So. 3d 702

District Court of Appeal of Florida | Filed: Dec 1, 2014 | Docket: 2610367

Cited 20 times | Published

portion of her attorney’s fees. See § 61.16, Fla. Stat.; Giovanini v. Giovanini,

Patterson v. Patterson

399 So. 2d 73

District Court of Appeal of Florida | Filed: May 27, 1981 | Docket: 1652374

Cited 20 times | Published

including enforcement and modification, is found in section 61.16, Florida Statutes (1979).[1] The general rule

Bailey v. Bailey

392 So. 2d 49

District Court of Appeal of Florida | Filed: Jan 6, 1981 | Docket: 1268808

Cited 20 times | Published

attendant upon the marital relationship, see Section 61.16, Florida Statutes (1979), is to equalize the

Lawrence v. Lawrence

384 So. 2d 279

District Court of Appeal of Florida | Filed: Jun 11, 1980 | Docket: 1268682

Cited 20 times | Published

on the basis that the award was inadequate. Section 61.16, Florida Statutes (1979), authorizes an award

Woolf v. Woolf

901 So. 2d 905, 2005 WL 906191

District Court of Appeal of Florida | Filed: Apr 20, 2005 | Docket: 1666215

Cited 19 times | Published

So.2d 867, 872 (Fla. 4th DCA 2003). Fla. Stat. § 61.16(1)(2004) provides: The court may from time to time

Rados v. Rados

791 So. 2d 1130, 2001 WL 331984

District Court of Appeal of Florida | Filed: Apr 6, 2001 | Docket: 1655865

Cited 19 times | Published

Florida Rule of Appellate Procedure 9.400(b) and section 61.16, Florida Statutes (1999). In the past, this

Woodward v. Berkery

714 So. 2d 1027, 1998 WL 39428

District Court of Appeal of Florida | Filed: Feb 4, 1998 | Docket: 1513795

Cited 19 times | Published

attorney's fees, costs, and suit money under section 61.16.[3] The then assigned trial judge held a lengthy

Abernethy v. Fishkin

638 So. 2d 160, 1994 WL 248261

District Court of Appeal of Florida | Filed: Jun 10, 1994 | Docket: 1652737

Cited 19 times | Published

attorney's fees. Attorney's fees awarded pursuant to section 61.16, Florida Statutes (1993), must be based on the

Matajek v. Skowronska

927 So. 2d 981, 2006 WL 846737

District Court of Appeal of Florida | Filed: Mar 31, 2006 | Docket: 1765037

Cited 18 times | Published

considering the financial resources of both parties. § 61.16, Fla. Stat. (2004). Attorney's fees are based on

Martinez v. Martinez

573 So. 2d 37, 1990 WL 212133

District Court of Appeal of Florida | Filed: Dec 19, 1990 | Docket: 479132

Cited 18 times | Published

requiring him to pay the wife's attorney's fees. Section 61.16, Florida Statutes (1989), provides that: [t]he

McIntyre v. McIntyre

434 So. 2d 61

District Court of Appeal of Florida | Filed: Jul 14, 1983 | Docket: 1693254

Cited 18 times | Published

to the wife's attorney's fees. We reverse. Section 61.16, Florida Statutes (1981), provides that the

Campbell v. Campbell

46 So. 3d 1221, 2010 Fla. App. LEXIS 17154, 2010 WL 4483480

District Court of Appeal of Florida | Filed: Nov 10, 2010 | Docket: 2400684

Cited 17 times | Published

Wife's attorneys' fees and costs pursuant to F.S. 61.16 as the Husband's income and financial resources

Von Baillou v. Von Baillou

959 So. 2d 821, 2007 WL 1931334

District Court of Appeal of Florida | Filed: Jul 5, 2007 | Docket: 1525805

Cited 17 times | Published

income is [$6,177 per month]? The answer is no. Section 61.16(1) Florida Statutes (2006), provides that the

Ross v. Botha

867 So. 2d 567, 2004 WL 384876

District Court of Appeal of Florida | Filed: Mar 3, 2004 | Docket: 1386545

Cited 17 times | Published

resources to support an attorney's fees award. See § 61.16, Fla. Stat. (2001). These omissions on both the

Ross v. Botha

867 So. 2d 567, 2004 WL 384876

District Court of Appeal of Florida | Filed: Mar 3, 2004 | Docket: 1386545

Cited 17 times | Published

resources to support an attorney's fees award. See § 61.16, Fla. Stat. (2001). These omissions on both the

Doyle v. Doyle

789 So. 2d 499, 2001 WL 786799

District Court of Appeal of Florida | Filed: Jul 13, 2001 | Docket: 1696120

Cited 17 times | Published

the $9,663.15 referenced above. Pursuant to section 61.16 of the Florida Statutes (1999), the trial court

Ariko v. Ariko

475 So. 2d 1352, 10 Fla. L. Weekly 2297

District Court of Appeal of Florida | Filed: Oct 3, 1985 | Docket: 1302025

Cited 17 times | Published

equal share of the substantial marital assets. Section 61.16, Florida Statutes (1983) provides for an award

Lyn v. Lyn

884 So. 2d 181, 2004 WL 1635103

District Court of Appeal of Florida | Filed: Jul 23, 2004 | Docket: 1683193

Cited 16 times | Published

Husband. The motion tracked the language of section 61.16, Florida Statutes (2002), but made no reference

Vitalis v. Vitalis

799 So. 2d 1127, 2001 WL 1438466

District Court of Appeal of Florida | Filed: Nov 16, 2001 | Docket: 1681731

Cited 16 times | Published

failed to consider the factors enumerated in section 61.16, Florida Statutes (2000), and Rosen v. Rosen

Deakyne v. Deakyne

460 So. 2d 582, 10 Fla. L. Weekly 29

District Court of Appeal of Florida | Filed: Dec 20, 1984 | Docket: 1766931

Cited 16 times | Published

court stated that the purpose of Florida Statute § 61.16, permitting the trial court to award attorney's

Turner v. Turner

383 So. 2d 700

District Court of Appeal of Florida | Filed: Apr 30, 1980 | Docket: 1395997

Cited 16 times | Published

except as to the issue of attorney's fees. Section 61.16, Florida Statutes (1979) provides: The court

Freilich v. Freilich

897 So. 2d 537, 2005 WL 497271

District Court of Appeal of Florida | Filed: Mar 4, 2005 | Docket: 1735323

Cited 15 times | Published

parties' relative financial need or ability to pay. § 61.16(1), Fla. Stat. (1997); Satter v. Satter, 709 So

Lopez v. Lopez

780 So. 2d 164, 2001 WL 27863

District Court of Appeal of Florida | Filed: Jan 12, 2001 | Docket: 1298369

Cited 15 times | Published

appropriate attorney's fee award is governed by section 61.16, Florida Statutes (1997). The statute requires

Straley v. Frank

612 So. 2d 610, 1992 WL 389018

District Court of Appeal of Florida | Filed: Dec 31, 1992 | Docket: 1262618

Cited 15 times | Published

value in excess of $50,000.00. The purpose of section 61.16, Florida Statutes (1989), providing for assessment

In Re Amendments to Fla. Rules Civ. Proc.

604 So. 2d 1110, 1992 WL 163953

Supreme Court of Florida | Filed: Jul 16, 1992 | Docket: 1686576

Cited 15 times | Published

the provisions of Fla. Stat. (1983) § 61.19 section 61.16, Florida Statutes (1983), which relates to a

Aughenbaugh v. Aughenbaugh (In Re Aughenbaugh)

119 B.R. 861, 1990 Bankr. LEXIS 2097, 1990 WL 144259

United States Bankruptcy Court, M.D. Florida | Filed: Sep 27, 1990 | Docket: 1071255

Cited 15 times | Published

spouse in a dissolution of marriage proceeding. Fla. Stat. 61.16. In the last analysis, the ultimate question

Sierra v. Sierra

505 So. 2d 432, 55 U.S.L.W. 2639

Supreme Court of Florida | Filed: Apr 9, 1987 | Docket: 1455262

Cited 15 times | Published

attorney's fees in marital cases derives from section 61.16, Florida Statutes (1985): The court may from

Thornton v. Thornton

433 So. 2d 682

District Court of Appeal of Florida | Filed: Jun 30, 1983 | Docket: 1727456

Cited 15 times | Published

wife was awarded attorney's fees pursuant to section 61.16, Florida Statutes (1981). She now has filed

Romano v. Romano (In Re Romano)

27 B.R. 36, 1983 Bankr. LEXIS 7088

United States Bankruptcy Court, M.D. Florida | Filed: Jan 3, 1983 | Docket: 1090081

Cited 15 times | Published

Bell, 5 B.R. 653 (Bkrtcy.W.D.Okl.1980). Fla.Stat. § 61.16, in support of this proposition provides that a

Hudgens v. Hudgens

411 So. 2d 354

District Court of Appeal of Florida | Filed: Mar 26, 1982 | Docket: 1696867

Cited 15 times | Published

relative financial circumstances of the parties. § 61.16, Fla. Stat. (1981); Johnson v. Johnson, 403 So

Rogers v. Rogers

12 So. 3d 288, 2009 Fla. App. LEXIS 7771, 2009 WL 1675921

District Court of Appeal of Florida | Filed: Jun 17, 2009 | Docket: 62868

Cited 14 times | Published

decision regarding entitlement to fees under section 61.16(1) may be based on "catch-all" type findings

Derrevere v. Derrevere

899 So. 2d 1152, 2005 WL 662669

District Court of Appeal of Florida | Filed: Mar 23, 2005 | Docket: 1705712

Cited 14 times | Published

Ondrejack, 839 So.2d 867, 872 (Fla. 4th DCA 2003); § 61.16, Fla. Stat.; see also Rosen v. Rosen, 696 So.2d

Feger v. Feger

850 So. 2d 611, 2003 WL 21697203

District Court of Appeal of Florida | Filed: Jul 23, 2003 | Docket: 1783553

Cited 14 times | Published

attorney's fees. A trial court is authorized by section 61.16(1) to make such an award after considering the

Stevens v. Stevens

651 So. 2d 1306, 1995 WL 111499

District Court of Appeal of Florida | Filed: Mar 17, 1995 | Docket: 1518160

Cited 14 times | Published

awardee's need and the other party's ability to pay. § 61.16, Fla. Stat. The record indicates that Mr. Stevens

Wrona v. Wrona

592 So. 2d 694, 1991 WL 262906

District Court of Appeal of Florida | Filed: Dec 11, 1991 | Docket: 1428714

Cited 14 times | Published

reasonable to compensate for necessary services. § 61.16, Fla. Stat. (1989). The problem, however, is not

Kuse v. Kuse

533 So. 2d 828, 1988 WL 107064

District Court of Appeal of Florida | Filed: Oct 18, 1988 | Docket: 1656419

Cited 14 times | Published

478 So.2d 489 (Fla. 1st DCA 1985); see generally § 61.16, Fla. Stat. (1987); Smith v. Smith, 495 So.2d 229

Blackburn v. Blackburn

513 So. 2d 1360, 12 Fla. L. Weekly 2468

District Court of Appeal of Florida | Filed: Oct 21, 1987 | Docket: 2548789

Cited 14 times | Published

trial judge and, accordingly, affirm the order. § 61.16, Fla. Stat. (1985); Canakaris v. Canakaris, 382

Smith v. Smith

902 So. 2d 859, 2005 WL 1047274

District Court of Appeal of Florida | Filed: May 6, 2005 | Docket: 1257081

Cited 13 times | Published

prevailing party considerations. Moreover, section 61.16, Florida Statutes (2004), already governs the

Levy v. Levy

483 So. 2d 455, 11 Fla. L. Weekly 336

District Court of Appeal of Florida | Filed: Feb 4, 1986 | Docket: 1511956

Cited 13 times | Published

all the services rendered the wife below. See § 61.16, Fla. Stat. (1983); Jackson v. Seder, 467 So.2d

Johnson v. Johnson

403 So. 2d 1388

District Court of Appeal of Florida | Filed: Oct 7, 1981 | Docket: 1251027

Cited 13 times | Published

most statutes authorizing attorney's fees, section 61.16, Florida Statutes (1979), does not require that

Knott v. Knott

395 So. 2d 1196

District Court of Appeal of Florida | Filed: Mar 10, 1981 | Docket: 1317463

Cited 13 times | Published

standing has been determined by the enactment of Section 61.16, Florida Statutes (1979). The court may from

Bullard v. Bullard

380 So. 2d 1090

District Court of Appeal of Florida | Filed: Feb 19, 1980 | Docket: 1402289

Cited 13 times | Published

1973), as correctly stating that the purpose of section 61.16, Florida Statutes, was to ensure that both parties

Johnson v. Johnson

346 So. 2d 591

District Court of Appeal of Florida | Filed: May 18, 1977 | Docket: 380614

Cited 13 times | Published

before the entry of the order. It is true that Section 61.16, Florida Statutes (1975), does not prohibit

Waverly at Las Olas Condominium Ass'n v. Waverly Las Olas, LLC

88 So. 3d 386, 2012 WL 1698165, 2012 Fla. App. LEXIS 7848

District Court of Appeal of Florida | Filed: May 16, 2012 | Docket: 60308276

Cited 12 times | Published

statute.... Palma simply does not apply to section 61.16 fee awards.”).

Rabbath v. Farid

4 So. 3d 778, 2009 Fla. App. LEXIS 2199, 2009 WL 127862

District Court of Appeal of Florida | Filed: Mar 17, 2009 | Docket: 1666688

Cited 12 times | Published

So.2d at 1216. V. Attorney's Fees and Costs Section 61.16(1), Florida Statutes (2005), authorizes the

Lewis v. Lewis

689 So. 2d 1271, 1997 WL 122716

District Court of Appeal of Florida | Filed: Mar 20, 1997 | Docket: 1476693

Cited 12 times | Published

Servs., 491 So.2d 1157 (Fla. 1st DCA 1986). Section 61.16(1), Florida Statutes, provides for attorney's

Pedraja v. Garcia

667 So. 2d 461, 1996 WL 34044

District Court of Appeal of Florida | Filed: Jan 31, 1996 | Docket: 69057

Cited 12 times | Published

suit money and attorney's fees, the purpose of section 61.16, Florida Statutes (1989), which authorizes interim

DEPT. OF HEALTH & REHAB. SERV. v. Holland

602 So. 2d 652, 1992 WL 158125

District Court of Appeal of Florida | Filed: Jul 10, 1992 | Docket: 1321427

Cited 12 times | Published

motion for attorney's fees on appeal under section 61.16, Florida Statutes, is granted. If the mother

Meloan v. Coverdale

525 So. 2d 935, 1988 WL 44472

District Court of Appeal of Florida | Filed: May 10, 1988 | Docket: 1304417

Cited 12 times | Published

except for the order modifying child support. Section 61.16, Florida Statutes (1985), provides statutory

Shaw v. Smith (In Re Shaw)

67 B.R. 911, 1986 Bankr. LEXIS 4791, 15 Bankr. Ct. Dec. (CRR) 275

United States Bankruptcy Court, M.D. Florida | Filed: Dec 15, 1986 | Docket: 1098885

Cited 12 times | Published

the Statute which provides as follows: Fla.Stat. § 61.16. Attorney's fees, suit money, and costs The Court

Chambers v. Heverly (In Re Heverly)

68 B.R. 21, 1986 Bankr. LEXIS 4937

United States Bankruptcy Court, M.D. Florida | Filed: Nov 19, 1986 | Docket: 1100684

Cited 12 times | Published

attorney's fees pursuant to the provisions of Fla.Stat. § 61.16 in favor of the Plaintiff and against the Debtor

Stabinski, Funt & De Oliveira, PA v. Alvarez

490 So. 2d 159, 11 Fla. L. Weekly 1365, 1986 Fla. App. LEXIS 8388

District Court of Appeal of Florida | Filed: Jun 17, 1986 | Docket: 1489121

Cited 12 times | Published

485 So.2d 879 (Fla.2d DCA 1986) (fee award under § 61.16 in domestic case remanded for Rowe findings); see

Wiggins v. Wiggins

446 So. 2d 1078

Supreme Court of Florida | Filed: Mar 8, 1984 | Docket: 1780627

Cited 12 times | Published

considering the financial resources of both parties." § 61.16, Fla. Stat. (1981). We therefore hold that when

Diaco v. Diaco

363 So. 2d 183

District Court of Appeal of Florida | Filed: Oct 11, 1978 | Docket: 461014

Cited 12 times | Published

which we think has merit. By the provisions of Section 61.16, Florida Statutes (1977), the trial judge was

Bator v. Osborne

983 So. 2d 1198, 2008 WL 2065854

District Court of Appeal of Florida | Filed: May 16, 2008 | Docket: 1756503

Cited 11 times | Published

and the other spouse's need to have fees paid"); § 61.16(1), Fla. Stat. (2006) ("The court may from time

Bacon v. Bacon

819 So. 2d 950, 2002 WL 1369573

District Court of Appeal of Florida | Filed: Jun 26, 2002 | Docket: 1498831

Cited 11 times | Published

annual investment income of $23,000. [8] See § 61.16, Fla. Stat. (2001). [9] On the other hand, with

Bacon v. Bacon

819 So. 2d 950, 2002 WL 1369573

District Court of Appeal of Florida | Filed: Jun 26, 2002 | Docket: 1498831

Cited 11 times | Published

annual investment income of $23,000. [8] See § 61.16, Fla. Stat. (2001). [9] On the other hand, with

Guerin v. DiRoma

819 So. 2d 968, 2002 WL 1369603

District Court of Appeal of Florida | Filed: Jun 26, 2002 | Docket: 1192729

Cited 11 times | Published

right to fees resides in section 742.045, not section 61.16. Nevertheless, because section 742.045 is nearly

Bryan v. Bryan

765 So. 2d 829, 2000 WL 1152839

District Court of Appeal of Florida | Filed: Aug 16, 2000 | Docket: 428831

Cited 11 times | Published

comparison of their respective financial resources. See § 61.16(1), Florida Statutes (1997). The appellee testified

Satter v. Satter

709 So. 2d 617, 1998 WL 172631

District Court of Appeal of Florida | Filed: May 28, 1998 | Docket: 1682085

Cited 11 times | Published

whether a former spouse can be required under section 61.16[1] to reimburse the other former spouse for

Rausch v. Rausch

680 So. 2d 624, 1996 WL 581929

District Court of Appeal of Florida | Filed: Oct 11, 1996 | Docket: 1201357

Cited 11 times | Published

test for considering an award of fees under section 61.16, Florida Statutes (1993) is (1) whether the

Sol v. Sol

656 So. 2d 206, 1995 WL 316529

District Court of Appeal of Florida | Filed: Jul 12, 1995 | Docket: 1283539

Cited 11 times | Published

(Fla. 1980), the court said: [T]he purpose of section 61.16, Florida Statutes, was to ensure that both parties

Hall v. Hall (In Re Hall)

119 B.R. 272, 1990 Bankr. LEXIS 2050, 1990 WL 140302

United States Bankruptcy Court, M.D. Florida | Filed: Sep 14, 1990 | Docket: 1633199

Cited 11 times | Published

371.74 to the Plaintiff pursuant to Fla.Stat. § 61.16 for services rendered in connection with the appeal

Smith v. Smith

934 So. 2d 636, 2006 WL 2135877

District Court of Appeal of Florida | Filed: Aug 2, 2006 | Docket: 1747627

Cited 10 times | Published

they should be addressed as a cost issue under section 61.16(1). On remand, the court shall omit mediation

Cleary v. Cleary

872 So. 2d 299, 2004 WL 784645

District Court of Appeal of Florida | Filed: Apr 14, 2004 | Docket: 1357330

Cited 10 times | Published

affirmed because the award is in compliance with section 61.16, Florida Statutes (1997). The Oral Pronouncement

Gosselin v. Gosselin

869 So. 2d 667, 2004 WL 626103

District Court of Appeal of Florida | Filed: Mar 31, 2004 | Docket: 1653851

Cited 10 times | Published

In this regard, we look to the language of section 61.16, Florida Statutes, which governs attorney's

White v. White

686 So. 2d 762, 1997 WL 14139

District Court of Appeal of Florida | Filed: Jan 17, 1997 | Docket: 1675941

Cited 10 times | Published

this award of attorney's fee is not based on section 61.16, Florida Statutes since the court found that

Amlong & Amlong, P.A. v. Patrick (In Re Patrick)

106 B.R. 743, 1989 Bankr. LEXIS 1835

United States Bankruptcy Court, S.D. Florida. | Filed: Sep 18, 1989 | Docket: 1650466

Cited 10 times | Published

the authority granted the court under Fla.Stat. § 61.16, which requires that the court consider: "the financial

Hamilton v. Hamilton

552 So. 2d 929, 1989 WL 97708

District Court of Appeal of Florida | Filed: Aug 24, 1989 | Docket: 1663747

Cited 10 times | Published

1984) (award of attorney fees authorized by section 61.16, Florida Statutes, is a matter of discretion

O'Steen v. O'Steen

478 So. 2d 489, 10 Fla. L. Weekly 2532

District Court of Appeal of Florida | Filed: Nov 14, 1985 | Docket: 1484662

Cited 10 times | Published

471 So.2d 612 (3d DCA 1985) The purpose of section 61.16, Florida Statutes (1983), which allows an award

Travieso v. Travieso

447 So. 2d 940

District Court of Appeal of Florida | Filed: Mar 13, 1984 | Docket: 1311878

Cited 10 times | Published

The award of attorney's fees authorized by section 61.16, Florida Statutes (1981), is a matter of discretion

Kissinger v. Mason

436 So. 2d 1049

District Court of Appeal of Florida | Filed: Aug 30, 1983 | Docket: 1701081

Cited 10 times | Published

her defense on the petition for modification. Section 61.16, Florida Statutes (1981), provides authority

Anderson v. Anderson

333 So. 2d 484

District Court of Appeal of Florida | Filed: May 25, 1976 | Docket: 2306806

Cited 10 times | Published

discretion to charge such fee to the husband, under § 61.16 Fla. Stat., F.S.A. In view of the extent to which

Lovell v. Lovell

14 So. 3d 1111, 2009 Fla. App. LEXIS 7466, 2009 WL 1636274

District Court of Appeal of Florida | Filed: Jun 12, 2009 | Docket: 1160664

Cited 9 times | Published

2005) (citations omitted)). The purpose of section 61.16, Florida Statutes, which governs the award of

Iannuzzelli v. Lovett

981 So. 2d 557, 2008 WL 1958629

District Court of Appeal of Florida | Filed: May 7, 2008 | Docket: 467929

Cited 9 times | Published

Analysis I. Claim for Attorney's Fees Under Section 61.16, Florida Statutes The circuit court denied Ms

Duchesneau v. Duchesneau

692 So. 2d 205, 1997 WL 111331

District Court of Appeal of Florida | Filed: Mar 14, 1997 | Docket: 435906

Cited 9 times | Published

reservation of jurisdiction for attorneys fees under § 61.16 is to determine entitlement to, and amount of,

Seward v. Seward

676 So. 2d 49, 1996 WL 354598

District Court of Appeal of Florida | Filed: Jun 28, 1996 | Docket: 1692936

Cited 9 times | Published

v. Nichols, 519 So.2d 620 (Fla.1988). See also § 61.16, Fla.Stat. (1993). In awarding the wife costs and

Brumby v. Brumby

647 So. 2d 330, 1994 WL 706271

District Court of Appeal of Florida | Filed: Dec 21, 1994 | Docket: 583509

Cited 9 times | Published

filed motions for attorney's fees pursuant to section 61.16, Florida Statutes (1994). These motions are

Naugle v. Naugle

632 So. 2d 1146, 1994 WL 72526

District Court of Appeal of Florida | Filed: Mar 11, 1994 | Docket: 462543

Cited 9 times | Published

2d 1352 (Fla. 5th DCA 1985). The purpose of section 61.16, Florida Statutes (1991), is to assure that

Young v. Young

600 So. 2d 1140, 1992 WL 92479

District Court of Appeal of Florida | Filed: May 8, 1992 | Docket: 539039

Cited 9 times | Published

light of this opinion and the provisions of section 61.16, Florida Statutes (1991). See Nichols v. Nichols

Davis v. Davis

584 So. 2d 1117, 1991 WL 163070

District Court of Appeal of Florida | Filed: Aug 21, 1991 | Docket: 1177878

Cited 9 times | Published

seek an award of attorney's fees pursuant to section 61.16, Florida Statutes, based on the prevailing party

Meyer v. Meyer

525 So. 2d 462, 1988 WL 47693

District Court of Appeal of Florida | Filed: May 18, 1988 | Docket: 1304521

Cited 9 times | Published

It also seems to me that the provision in section 61.16, Florida Statutes (1985) for attorney's fees

Barranco, Darlson, Daniel & Bluestein v. Winner

386 So. 2d 1277, 1980 Fla. App. LEXIS 17482

District Court of Appeal of Florida | Filed: Aug 5, 1980 | Docket: 1518311

Cited 9 times | Published

paid by Mr. Winner directly to the Barranco firm. § 61.16, Fla. Stat. (1977). Approximately two weeks later

Edward K. Henry v. Suzanne W. Henry

191 So. 3d 995, 2016 WL 2897643, 2016 Fla. App. LEXIS 7659

District Court of Appeal of Florida | Filed: May 18, 2016 | Docket: 3071420

Cited 8 times | Published

requires findings of need and ability to pay under section 61.16, Florida Statutes. See Hallac v, Hallac

Hahamovitch v. Hahamovitch

133 So. 3d 1020, 2014 WL 51992, 2014 Fla. App. LEXIS 142

District Court of Appeal of Florida | Filed: Jan 8, 2014 | Docket: 60238645

Cited 8 times | Published

the temporary setting prior to dissolution, section 61.16’s need and ability to pay test continues to

Arthur v. Arthur

54 So. 3d 454, 35 Fla. L. Weekly Supp. 38, 2010 Fla. LEXIS 41, 2010 WL 114532

Supreme Court of Florida | Filed: Jan 14, 2010 | Docket: 60298289

Cited 8 times | Published

Wife establishes her entitlement pursuant to section 61.16, Florida Statutes (2006), and Rosen v. Rosen

Arthur v. Arthur

54 So. 3d 454, 35 Fla. L. Weekly Supp. 38, 2010 Fla. LEXIS 41, 2010 WL 114532

Supreme Court of Florida | Filed: Jan 14, 2010 | Docket: 60298289

Cited 8 times | Published

Wife establishes her entitlement pursuant to section 61.16, Florida Statutes (2006), and Rosen v. Rosen

Pfrengle v. Pfrengle

976 So. 2d 1134, 2008 WL 140803

District Court of Appeal of Florida | Filed: Jan 16, 2008 | Docket: 1680498

Cited 8 times | Published

costs is the financial resources of both parties. § 61.16; Rosen v. Rosen, 696 So.2d 697, 700 (Fla.1997)

Kelly v. Kelly

925 So. 2d 364, 2006 WL 503234

District Court of Appeal of Florida | Filed: Mar 3, 2006 | Docket: 1516957

Cited 8 times | Published

Award of attorney fees pursuant to Section 61.16 Section 61.16 provides in part: (1) the court may from

Mook v. Mook

873 So. 2d 363, 2004 WL 590583

District Court of Appeal of Florida | Filed: Mar 26, 2004 | Docket: 1732959

Cited 8 times | Published

award of attorney's fees and costs pursuant to section 61.16, Florida Statutes (2000). The Husband subsequently

Zahringer v. Zahringer

813 So. 2d 181, 2002 WL 429274

District Court of Appeal of Florida | Filed: Mar 20, 2002 | Docket: 1579316

Cited 8 times | Published

fees; as to all other issues raised, we affirm. Section 61.16, Florida Statutes (1999), provides for an order

Krafchuk v. Krafchuk

804 So. 2d 376, 2001 WL 1188945

District Court of Appeal of Florida | Filed: Oct 3, 2001 | Docket: 1699633

Cited 8 times | Published

marriage must begin with the application of section 61.16(1), Florida Statutes, which provides in pertinent

Wester v. Wester (In Re Wester)

187 B.R. 358, 9 Fla. L. Weekly Fed. B 151, 1995 Bankr. LEXIS 1491, 1995 WL 613412

United States Bankruptcy Court, M.D. Florida | Filed: Oct 10, 1995 | Docket: 1842956

Cited 8 times | Published

(Bankr.M.D.Fla.1986). Under Florida Statute section 61.16,[1] a court is allowed to award attorney's fees

Safford v. Safford

656 So. 2d 485, 1994 WL 695629

District Court of Appeal of Florida | Filed: Dec 14, 1994 | Docket: 1283375

Cited 8 times | Published

determining that the amounts sought were reasonable. Section 61.16(1), Florida Statutes (1993), allows a court

Margulies v. Margulies

645 So. 2d 54, 1994 WL 594719

District Court of Appeal of Florida | Filed: Nov 2, 1994 | Docket: 1223011

Cited 8 times | Published

the wife's reasonable attorney's fees and costs. § 61.16, Fla. Stat. (1993); see Canakaris v. Canakaris

Clemson v. Clemson

546 So. 2d 75, 1989 WL 72106

District Court of Appeal of Florida | Filed: Jun 30, 1989 | Docket: 1442920

Cited 8 times | Published

a superior financial ability to pay the fees. § 61.16, Fla. Stat. (1987); Hudgens v. Hudgens, 411 So

Chisholm v. Chisholm

538 So. 2d 961, 1989 WL 13104

District Court of Appeal of Florida | Filed: Feb 21, 1989 | Docket: 1517163

Cited 8 times | Published

Florida Rule of Appellate Procedure 9.400(b) and section 61.16, Florida Statutes (1987), for assessment of

Smith v. Smith

495 So. 2d 229, 11 Fla. L. Weekly 2061

District Court of Appeal of Florida | Filed: Sep 24, 1986 | Docket: 1750855

Cited 8 times | Published

of the wife's attorney's fees. Pursuant to section 61.16, Florida Statutes (1985), a court may, after

Bryan v. Bryan

442 So. 2d 362

District Court of Appeal of Florida | Filed: Dec 8, 1983 | Docket: 469168

Cited 8 times | Published

attorney's fees. In Canakaris, the court noted that section 61.16, Florida Statutes, provides that after considering

City of Venice v. Valente

429 So. 2d 1241

District Court of Appeal of Florida | Filed: Mar 25, 1983 | Docket: 1667670

Cited 8 times | Published

e.g., § 60.05(5) (actions to abate nuisances); § 61.16 (divorce proceedings); § 440.34 (workers' compensation

Adams v. Adams

374 So. 2d 29

District Court of Appeal of Florida | Filed: Jul 10, 1979 | Docket: 2565570

Cited 8 times | Published

Wilner, 167 So.2d 234 (Fla. 3d DCA 1964); Section 61.16, Florida Statutes (1977). Therefore, the order

Frezza v. Frezza

216 So. 3d 758, 2017 WL 1400586, 2017 Fla. App. LEXIS 5297

District Court of Appeal of Florida | Filed: Apr 19, 2017 | Docket: 4820243

Cited 7 times | Published

and the former wife’s ability to pay fees. See § 61.16(1), Fla. Stat. (2014); Arena v. Arena, 103 So.3d

Arena v. Arena

103 So. 3d 1044, 2013 Fla. App. LEXIS 202, 2013 WL 45898

District Court of Appeal of Florida | Filed: Jan 4, 2013 | Docket: 60226865

Cited 7 times | Published

fees in a dissolution case are governed by section 61.16, Florida Statutes (2009), which requires the

Schneider v. Schneider

32 So. 3d 151, 2010 Fla. App. LEXIS 2930, 2010 WL 785814

District Court of Appeal of Florida | Filed: Mar 10, 2010 | Docket: 1662717

Cited 7 times | Published

awarded in dissolution proceedings pursuant to section 61.16, Florida Statutes. In Palma, the supreme court

Price v. Price

951 So. 2d 55, 2007 WL 700929

District Court of Appeal of Florida | Filed: Mar 9, 2007 | Docket: 1682476

Cited 7 times | Published

(Fla. 4th DCA 2005) (citations omitted); see also § 61.16, Fla. Stat. (2004). When Robert's support obligations

Price v. Price

951 So. 2d 55, 2007 WL 700929

District Court of Appeal of Florida | Filed: Mar 9, 2007 | Docket: 1682476

Cited 7 times | Published

(Fla. 4th DCA 2005) (citations omitted); see also § 61.16, Fla. Stat. (2004). When Robert's support obligations

Silverman v. Silverman

940 So. 2d 615, 2006 WL 3103153

District Court of Appeal of Florida | Filed: Nov 3, 2006 | Docket: 433998

Cited 7 times | Published

award and the parties' financial resources. See § 61.16(1). Affirmed in part, reversed in part, and remanded

Schmitz v. Schmitz

891 So. 2d 1140, 2005 WL 156731

District Court of Appeal of Florida | Filed: Jan 26, 2005 | Docket: 1704363

Cited 7 times | Published

retirement accounts to further fund the litigation. Section 61.16(1), Florida Statutes (2003), authorizes the

Cullen v. Cullen

884 So. 2d 304, 2004 WL 1856842

District Court of Appeal of Florida | Filed: Aug 20, 2004 | Docket: 1682986

Cited 7 times | Published

The purpose of an attorneys' fee award under section 61.16, Florida Statutes (2002), is to ensure that

Cullen v. Cullen

884 So. 2d 304, 2004 WL 1856842

District Court of Appeal of Florida | Filed: Aug 20, 2004 | Docket: 1682986

Cited 7 times | Published

The purpose of an attorneys' fee award under section 61.16, Florida Statutes (2002), is to ensure that

Barber v. Goodwin

880 So. 2d 712, 2004 WL 947733

District Court of Appeal of Florida | Filed: May 5, 2004 | Docket: 1294684

Cited 7 times | Published

755 So.2d 706 (Fla. 4th DCA 1999)); see also § 61.16(1), Fla. Stat. (2002) ("The court may from time

Elliott v. Elliott

867 So. 2d 1198, 2004 WL 399040

District Court of Appeal of Florida | Filed: Mar 5, 2004 | Docket: 1722609

Cited 7 times | Published

of need and ability to pay, Rosen holds that section 61.16(1), Florida Statutes,[2] authorizes consideration

Pietras v. Pietras

842 So. 2d 956, 2003 WL 1622159

District Court of Appeal of Florida | Filed: Mar 26, 2003 | Docket: 1730561

Cited 7 times | Published

the trial court may award Sharon her fees under § 61.16, as it deems just, after reconsideration of the

Gilbertson v. Boggs

743 So. 2d 123, 1999 WL 743647

District Court of Appeal of Florida | Filed: Sep 22, 1999 | Docket: 1243601

Cited 7 times | Published

temporary appellate fees and costs pursuant to section 61.16, Florida Statutes, where Gilbertson's action

Gilbertson v. Boggs

743 So. 2d 123, 1999 WL 743647

District Court of Appeal of Florida | Filed: Sep 22, 1999 | Docket: 1243601

Cited 7 times | Published

temporary appellate fees and costs pursuant to section 61.16, Florida Statutes, where Gilbertson's action

Hamlin v. Hamlin

722 So. 2d 851, 1998 WL 796436

District Court of Appeal of Florida | Filed: Nov 17, 1998 | Docket: 1669212

Cited 7 times | Published

and remand the case for further proceedings. Section 61.16, Florida Statutes (1995), authorizes the court

Bagley v. Bagley

720 So. 2d 582, 1998 WL 712824

District Court of Appeal of Florida | Filed: Oct 14, 1998 | Docket: 1718894

Cited 7 times | Published

financial circumstances of the parties pursuant to section 61.16, Florida Statutes. See Segall v. Segall, 708

Kartzmark v. Kartzmark

709 So. 2d 583, 1998 WL 145620

District Court of Appeal of Florida | Filed: Apr 1, 1998 | Docket: 1278924

Cited 7 times | Published

financial resources of the parties. See Fla. Stat. § 61.16 (1995); Rosen v. Rosen, 696 So.2d 697, 700 (Fla

Utterback v. Starkey

669 So. 2d 304, 1996 WL 82344

District Court of Appeal of Florida | Filed: Feb 28, 1996 | Docket: 530016

Cited 7 times | Published

challengeentered against him (obviously under section 61.16, Florida Statutes (1993); see Dean, 655 So.2d

White v. White

683 So. 2d 510, 1996 WL 71257

District Court of Appeal of Florida | Filed: Feb 21, 1996 | Docket: 2530327

Cited 7 times | Published

we granted the former wife's motion under section 61.16[1] for attorney's fees on appeal and remanded

Fortner v. Fortner

631 So. 2d 327, 1994 WL 22578

District Court of Appeal of Florida | Filed: Jan 28, 1994 | Docket: 1465169

Cited 7 times | Published

authority to award attorney's fees pursuant to section 61.16, Florida Statutes (1991). Mr. and Mrs. Fortner

Nisbeth v. Nisbeth

568 So. 2d 461, 1990 WL 133834

District Court of Appeal of Florida | Filed: Nov 7, 1990 | Docket: 533719

Cited 7 times | Published

party in a divorce proceeding is found within section 61.16, Florida Statutes (1989), which states that

Kass v. Kass

560 So. 2d 293, 1990 WL 45280

District Court of Appeal of Florida | Filed: Apr 18, 1990 | Docket: 1478034

Cited 7 times | Published

interests, which do not fall within the purview of section 61.16, Florida Statutes (1987). Here there was testimony

Azzarelli v. Pupello

555 So. 2d 1276, 1989 WL 156224

District Court of Appeal of Florida | Filed: Dec 27, 1989 | Docket: 1724662

Cited 7 times | Published

provided for in section 61.16, Florida Statutes (1987). The often-stated purpose of section 61.16 is to place

Kozich v. Kozich

501 So. 2d 1386, 12 Fla. L. Weekly 504

District Court of Appeal of Florida | Filed: Feb 11, 1987 | Docket: 1527680

Cited 7 times | Published

enforce an award in the attorney's own name under section 61.16, Florida Statutes (1985). This occurs "only

Warnhoff v. Warnhoff

493 So. 2d 52, 11 Fla. L. Weekly 1831

District Court of Appeal of Florida | Filed: Aug 20, 1986 | Docket: 2584389

Cited 7 times | Published

This is an appeal from an order, pursuant to section 61.16, Florida Statutes, denying an attorney's fee

Planes v. Planes

477 So. 2d 42, 10 Fla. L. Weekly 2400

District Court of Appeal of Florida | Filed: Oct 22, 1985 | Docket: 2544294

Cited 7 times | Published

entitled to an award of attorney's fees under section 61.16, Florida Statutes (1983), for her attorney's

Broudy v. Broudy

423 So. 2d 504

District Court of Appeal of Florida | Filed: Dec 14, 1982 | Docket: 544661

Cited 7 times | Published

to the award of the wife's attorney's fees. Section 61.16, Florida Statutes (1979), provides the statutory

Dominik v. Dominik

390 So. 2d 81

District Court of Appeal of Florida | Filed: Oct 21, 1980 | Docket: 1503980

Cited 7 times | Published

displayed some ability to pay. "[T]he purpose of section 61.16, Florida Statutes, was to ensure that both parties

Keller v. Keller

308 So. 2d 106

Supreme Court of Florida | Filed: Dec 4, 1974 | Docket: 1673143

Cited 7 times | Published

the change from "any court" to "the court" in section 61.16, Fla. Stat.

Perez v. Perez

100 So. 3d 769, 2012 Fla. App. LEXIS 19567, 2012 WL 5458067

District Court of Appeal of Florida | Filed: Nov 9, 2012 | Docket: 60225955

Cited 6 times | Published

fees in a dissolution case are governed by section 61.16, Florida Statutes (2008), which requires the

Giovanini v. Giovanini

89 So. 3d 280, 2012 WL 1673194, 2012 Fla. App. LEXIS 7541

District Court of Appeal of Florida | Filed: May 15, 2012 | Docket: 60308749

Cited 6 times | Published

attorney’s fees to defend the appeal pursuant to section 61.16(1), Florida Statutes (2011). We affirm the trial

Galligar v. Galligar

77 So. 3d 808, 2011 Fla. App. LEXIS 20927, 2011 WL 6847810

District Court of Appeal of Florida | Filed: Dec 30, 2011 | Docket: 60304800

Cited 6 times | Published

36 So.3d 801, 804 (Fla. 1st DCA 2010) (citing § 61.16(1), Fla. Stat. (2008)). The trial court should

Valladares v. Junco-Valladares

30 So. 3d 519, 2010 Fla. App. LEXIS 35, 2010 WL 22716

District Court of Appeal of Florida | Filed: Jan 6, 2010 | Docket: 1639524

Cited 6 times | Published

relative financial need or ability to pay. See § 61.16(1), Fla. Stat. (2009); Rosen v. Rosen, 696 So.2d

Lahodik v. Lahodik

969 So. 2d 533, 2007 WL 4145454

District Court of Appeal of Florida | Filed: Nov 26, 2007 | Docket: 1403687

Cited 6 times | Published

attorneys' fees against Appellant pursuant to section 61.16(1), Florida Statutes, and to reiterate that

Young v. Young

898 So. 2d 1076, 2005 WL 662634

District Court of Appeal of Florida | Filed: Mar 23, 2005 | Docket: 1732184

Cited 6 times | Published

court. Canakaris, 382 So.2d at 1203. Under section 61.16, Florida Statutes (2004), trial courts are authorized

Gaetani-Slade v. Slade

852 So. 2d 343, 2003 WL 21939026

District Court of Appeal of Florida | Filed: Aug 14, 2003 | Docket: 1711063

Cited 6 times | Published

attorney's fees and costs. In pertinent part, section 61.16, Florida Statutes (2000), states that "[t]he

Zanone v. Clause

848 So. 2d 1268, 2003 WL 21554275

District Court of Appeal of Florida | Filed: Jul 11, 2003 | Docket: 1712361

Cited 6 times | Published

right to fees resides in section 742.045, not section 61.16. Nevertheless, because section 742.045 is nearly

Lashkajani v. Lashkajani

855 So. 2d 87, 2003 WL 21359585

District Court of Appeal of Florida | Filed: Jun 13, 2003 | Docket: 1505816

Cited 6 times | Published

attorney's fees, costs, and suit money pursuant to section 61.16, Florida Statutes (2002). The fees and costs

Fuchs v. Fuchs

840 So. 2d 449, 2003 WL 1623835

District Court of Appeal of Florida | Filed: Mar 26, 2003 | Docket: 1748394

Cited 6 times | Published

motion for appellate attorney's fees founded on section 61.16, we have no way of knowing how great is the

Wyckoff v. Wyckoff

820 So. 2d 350, 2002 WL 491038

District Court of Appeal of Florida | Filed: Apr 3, 2002 | Docket: 2159296

Cited 6 times | Published

her an award of attorney's fees pursuant to section 61.16, Florida Statutes (2000). Because the Former

Kalmanson v. Kalmanson

796 So. 2d 1249, 2001 WL 1241435

District Court of Appeal of Florida | Filed: Oct 12, 2001 | Docket: 1249692

Cited 6 times | Published

for dissolution of marriage should begin with Section 61.16(1), Florida Statutes (2000), which provides

Morris v. Morris

743 So. 2d 81, 1999 WL 682604

District Court of Appeal of Florida | Filed: Sep 3, 1999 | Docket: 1243602

Cited 6 times | Published

husband will likely have double that amount. Section 61.16, Florida Statutes (1997) states that: "[t]he

Starkey v. Linn

727 So. 2d 386, 1999 WL 111155

District Court of Appeal of Florida | Filed: Mar 5, 1999 | Docket: 1438074

Cited 6 times | Published

authorize appellate fees. It is almost identical to section 61.16, but for the conspicuous absence of authority

Diaz v. Diaz

727 So. 2d 954, 1998 WL 771417

District Court of Appeal of Florida | Filed: Nov 4, 1998 | Docket: 1438409

Cited 6 times | Published

(Fla.1997), which interpreted section 61.16, Florida Statutes. Section 61.16 authorizes the trial court

Carlson v. Carlson

719 So. 2d 936, 1998 WL 634912

District Court of Appeal of Florida | Filed: Sep 16, 1998 | Docket: 1705172

Cited 6 times | Published

whether a former spouse can be required under section 61.16 to reimburse the other for all or part of her

Abraham v. Abraham

700 So. 2d 421, 1997 WL 600462

District Court of Appeal of Florida | Filed: Oct 1, 1997 | Docket: 2573252

Cited 6 times | Published

support. Reversed and remanded. NOTES [1] Section 61.16(1), Florida Statutes, reads as follows: The

Abraham v. Abraham

700 So. 2d 421, 1997 WL 600462

District Court of Appeal of Florida | Filed: Oct 1, 1997 | Docket: 2573252

Cited 6 times | Published

support. Reversed and remanded. NOTES [1] Section 61.16(1), Florida Statutes, reads as follows: The

Oldham v. Oldham

683 So. 2d 579, 1996 WL 655744

District Court of Appeal of Florida | Filed: Nov 13, 1996 | Docket: 466206

Cited 6 times | Published

relations cases is unique in jurisprudence. Section 61.16(1), Florida Statutes (1993) provides: The court

Worthington v. Harty

677 So. 2d 1371, 1996 WL 457270

District Court of Appeal of Florida | Filed: Aug 14, 1996 | Docket: 97619

Cited 6 times | Published

under chapter 61, Florida Statutes. We deem section 61.16(1), governing the imposition of fees under that

Jones v. Jones

671 So. 2d 852, 1996 WL 170192

District Court of Appeal of Florida | Filed: Apr 12, 1996 | Docket: 1248370

Cited 6 times | Published

wife. An award of attorney's fees, pursuant to section 61.16, Florida Statutes (1993), must be based on the

Arouza v. Arouza

670 So. 2d 69, 1995 WL 713002

District Court of Appeal of Florida | Filed: Dec 6, 1995 | Docket: 1671267

Cited 6 times | Published

1st DCA 1992) ("The critical inquiry under section 61.16 Florida Statutes (1989), is the parties' relative

Montante v. Montante

627 So. 2d 554, 1993 WL 482320

District Court of Appeal of Florida | Filed: Nov 24, 1993 | Docket: 1752876

Cited 6 times | Published

Williams, 492 So.2d 759, 761 (Fla. 4th DCA 1986); § 61.16, Fla. Stat. (1991). The proper inquiry is whether

Pag v. Af

602 So. 2d 1259, 17 Fla. L. Weekly Supp. 349, 1992 Fla. LEXIS 1032, 1992 WL 125120

Supreme Court of Florida | Filed: Jun 11, 1992 | Docket: 1321713

Cited 6 times | Published

award of attorney's fees was authorized by section 61.16, Florida Statutes (1989), as this postjudgment

Mishoe v. Mishoe

591 So. 2d 1100, 1992 WL 884

District Court of Appeal of Florida | Filed: Jan 2, 1992 | Docket: 1528088

Cited 6 times | Published

future was ineffectual. The critical inquiry under § 61.16, Florida Statutes (1989), is the parties' relative

Boyer v. Boyer

588 So. 2d 615, 1991 WL 194176

District Court of Appeal of Florida | Filed: Oct 3, 1991 | Docket: 1708320

Cited 6 times | Published

was presented to the trial court, pursuant to section 61.16, Florida Statutes (1989) and Florida Rule of

Greeley v. Greeley

583 So. 2d 1078, 1991 WL 126674

District Court of Appeal of Florida | Filed: Jul 12, 1991 | Docket: 1683959

Cited 6 times | Published

wife's petition for attorney's fees and costs. Section 61.16, Florida Statutes (1989), permits a court to

Stewart v. Stewart

534 So. 2d 807, 1988 WL 124719

District Court of Appeal of Florida | Filed: Nov 23, 1988 | Docket: 1707399

Cited 6 times | Published

to award partial attorney's fees and costs. Section 61.16, Florida Statutes, which governs attorney's

Terreros v. Terreros

531 So. 2d 1058, 1988 WL 103886

District Court of Appeal of Florida | Filed: Oct 11, 1988 | Docket: 1528638

Cited 6 times | Published

Canakaris v. Canakaris, 382 So.2d 1197 (Fla. 1980); § 61.16, Fla. Stat. (1987). For these reasons, we affirm

Sanders v. Sanders

435 So. 2d 372

District Court of Appeal of Florida | Filed: Jul 28, 1983 | Docket: 1697456

Cited 6 times | Published

made to pay the wife's attorney's fees under section 61.16, Florida Statutes (1981). This is a reoccurring

Spencer v. Spencer

305 So. 2d 256

District Court of Appeal of Florida | Filed: Dec 31, 1974 | Docket: 457139

Cited 6 times | Published

cases of this nature has been altered (Fla. Stat. § 61.16, F.S.A.). An attorney's fee to the party initiating

R.M.A. v. J.A.S.

269 So. 3d 649

District Court of Appeal of Florida | Filed: Apr 26, 2019 | Docket: 64712532

Cited 5 times | Published

erred by only awarding de minimis payments. Section 61.16, Florida Statutes (2018), governs the determination

ROBERT W. BAUCHMAN v. BERTA BAUCHMAN

253 So. 3d 1143

District Court of Appeal of Florida | Filed: Aug 15, 2018 | Docket: 7664426

Cited 5 times | Published

appropriate attorney’s fee award is governed by section 61.16(1), Florida Statutes (2017), which requires

Hanson v. Hanson

217 So. 3d 1165, 2017 WL 1536015, 2017 Fla. App. LEXIS 5908

District Court of Appeal of Florida | Filed: Apr 28, 2017 | Docket: 60265635

Cited 5 times | Published

of discretion). Indeed, since the purpose of section 61.16, Florida Statutes, is to ensure that both parties

Ivanovich v. Valladarez

190 So. 3d 1144, 2016 Fla. App. LEXIS 6689, 2016 WL 2247951

District Court of Appeal of Florida | Filed: May 4, 2016 | Docket: 3060710

Cited 5 times | Published

regard to attorneys’ fees and costs. See § 61,16(1); Perez v. Perez, 100 So.3d 769, 771

Taylor v. Lutz

134 So. 3d 1146, 2014 WL 1356057, 2014 Fla. App. LEXIS 5098

District Court of Appeal of Florida | Filed: Apr 7, 2014 | Docket: 60239053

Cited 5 times | Published

relevant to an award of attorney’s fees under section 61.16, Florida Statutes, including the duration and

Broemer v. Broemer

109 So. 3d 284, 2013 WL 811819, 2013 Fla. App. LEXIS 3517, 38 Fla. L. Weekly Fed. D 536

District Court of Appeal of Florida | Filed: Mar 6, 2013 | Docket: 60229543

Cited 5 times | Published

financial need and the other spouse’s ability to pay. § 61.16(1), Fla. Stat. (2011); Galligar v. Galligar, 77

Rowe v. Rodriguez-Schmidt

89 So. 3d 1101, 2012 WL 2126002, 2012 Fla. App. LEXIS 9556, 37 Fla. L. Weekly Fed. D 1373

District Court of Appeal of Florida | Filed: Jun 13, 2012 | Docket: 60308551

Cited 5 times | Published

the Former Wife sought attorney’s fees under section 61.16, Florida Statutes (2011). In litigating her

Hallac v. Hallac

88 So. 3d 253, 2012 Fla. App. LEXIS 3248, 2012 WL 635111

District Court of Appeal of Florida | Filed: Feb 29, 2012 | Docket: 60308214

Cited 5 times | Published

consider results obtained in determining a section 61.16, Florida Statutes (2009), attorney’s fees award

Welch v. Welch

22 So. 3d 153, 2009 Fla. App. LEXIS 18190, 2009 WL 4164075

District Court of Appeal of Florida | Filed: Nov 30, 2009 | Docket: 1639717

Cited 5 times | Published

for dissolution of marriage... begins with section 61.16, Florida Statutes," Rosen v. Rosen, 696 So.2d

Welch v. Welch

22 So. 3d 153, 2009 Fla. App. LEXIS 18190, 2009 WL 4164075

District Court of Appeal of Florida | Filed: Nov 30, 2009 | Docket: 1639717

Cited 5 times | Published

for dissolution of marriage... begins with section 61.16, Florida Statutes," Rosen v. Rosen, 696 So.2d

Cobo v. Sierralta

13 So. 3d 493, 2009 Fla. App. LEXIS 6234, 2009 WL 1456951

District Court of Appeal of Florida | Filed: May 27, 2009 | Docket: 1659648

Cited 5 times | Published

litigate all custody and visitation issues. See § 61.16(1), Fla. Stat. (2008) (providing that "[t]he court

In Re Lopez

405 B.R. 382, 61 Collier Bankr. Cas. 2d 1716, 21 Fla. L. Weekly Fed. B 714, 2009 Bankr. LEXIS 1045

United States Bankruptcy Court, S.D. Florida. | Filed: Apr 17, 2009 | Docket: 1454542

Cited 5 times | Published

definition of support. Rodriguez relies on Section 61.16 of the Florida Statutes, cited in his supplemental

Rodriguez v. Rodriguez

994 So. 2d 1157, 2008 WL 2986417

District Court of Appeal of Florida | Filed: Aug 6, 2008 | Docket: 1666919

Cited 5 times | Published

party of maintaining or defending a proceeding. § 61.16, Fla. Stat. (2005). In the present case, we find

Kaiser v. Harrison

985 So. 2d 1226, 2008 WL 2774436

District Court of Appeal of Florida | Filed: Jul 18, 2008 | Docket: 1673623

Cited 5 times | Published

award attorney's fees in this case derives from section 61.16, Florida Statutes (2005). See P.A.G. v. A.F

Dwyer v. Dwyer

981 So. 2d 1254, 2008 WL 2117670

District Court of Appeal of Florida | Filed: May 21, 2008 | Docket: 1515646

Cited 5 times | Published

positions, including need and ability to pay. § 61.16(1), Fla. Stat. (2004); Perrin v. Perrin, 795 So

FIRST PROTECTIVE INSURANCE COMPANY v. Featherston

978 So. 2d 881, 2008 WL 1757087

District Court of Appeal of Florida | Filed: Apr 18, 2008 | Docket: 1508517

Cited 5 times | Published

as are equitable." And in dissolution cases, section 61.16, Florida Statutes (2005), provides that "a reasonable

Faircloth v. Bliss

917 So. 2d 1005, 2006 WL 12935

District Court of Appeal of Florida | Filed: Jan 4, 2006 | Docket: 448330

Cited 5 times | Published

(noting that the amendment to Florida Statutes section 61.16 effective 1993 obviating the need for corroborating

Finol v. Finol

912 So. 2d 627, 2005 WL 2086157

District Court of Appeal of Florida | Filed: Aug 31, 2005 | Docket: 111934

Cited 5 times | Published

payment for his services was in conflict with section 61.16, Florida Statutes (2004). Relying on Moakley

DeLillo v. DeLillo

848 So. 2d 454, 2003 WL 21505609

District Court of Appeal of Florida | Filed: Jul 2, 2003 | Docket: 509753

Cited 5 times | Published

Rosen v. Rosen, 696 So.2d 697, 698 (Fla. 1997); § 61.16, Fla. Stat. (2002). The trial court must make findings

Damiani v. Damiani

835 So. 2d 1168, 2002 WL 31557640

District Court of Appeal of Florida | Filed: Nov 20, 2002 | Docket: 1643363

Cited 5 times | Published

ability to pay for, appellate attorney's fees. Section 61.16 provides in part that "when determining whether

Hoogewind v. Hendricks (In Re Hendricks)

248 B.R. 652, 2000 Bankr. LEXIS 549, 2000 WL 652915

United States Bankruptcy Court, M.D. Florida | Filed: Jan 10, 2000 | Docket: 1422767

Cited 5 times | Published

Additionally, it should be noted that Fla. Stat. § 61.16(1) provides that: ". . . the court may order that

Bane v. Bane

750 So. 2d 77, 1999 WL 1015531

District Court of Appeal of Florida | Filed: Nov 10, 1999 | Docket: 1736632

Cited 5 times | Published

awarding these fees. In awarding fees under section 61.16: [T]he financial resources of the parties are

Cervoni v. Cervoni

715 So. 2d 282, 1998 WL 187247

District Court of Appeal of Florida | Filed: Apr 22, 1998 | Docket: 1366097

Cited 5 times | Published

wife has the ability to pay the fees. Under section 61.16, Florida Statutes (1997), attorney's fees are

Aue v. Aue

685 So. 2d 1388, 22 Fla. L. Weekly Fed. D 162

District Court of Appeal of Florida | Filed: Jan 10, 1997 | Docket: 2574509

Cited 5 times | Published

declining the former husband's support offer. Section 61.16 provides that a trial court "may from time to

In Re Kenneth I. Strickland, Debtor. Kenneth I. Strickland v. John Hugh Shannon, Lauren J. Strickland

90 F.3d 444, 36 Collier Bankr. Cas. 2d 718, 1996 U.S. App. LEXIS 18873, 1996 WL 400006

Court of Appeals for the Eleventh Circuit | Filed: Aug 1, 1996 | Docket: 856897

Cited 5 times | Published

need and ability to pay. See Fla.Stat. § 61.16(1) (1993); Hyatt v. Hyatt, 672 So.2d

Kendall v. Kendall

677 So. 2d 48, 1996 WL 382274

District Court of Appeal of Florida | Filed: Jul 10, 1996 | Docket: 1690100

Cited 5 times | Published

the financial resources of the parties under section 61.16, Florida Statutes (1993). Chandler v. Chandler

Trowbridge v. Trowbridge

674 So. 2d 928, 1996 WL 312374

District Court of Appeal of Florida | Filed: Jun 12, 1996 | Docket: 1194940

Cited 5 times | Published

spouse may be entitled to attorney's fees under section 61.16(1), Florida Statutes. *931 However, as stated

Tucker v. Greenberg

674 So. 2d 807, 1996 WL 239215

District Court of Appeal of Florida | Filed: May 10, 1996 | Docket: 1194831

Cited 5 times | Published

apply to proceedings to modify child support); § 61.16, Fla.Stat. The evidence presented in the instant

Carlson v. Carlson

639 So. 2d 1094, 1994 WL 375827

District Court of Appeal of Florida | Filed: Jul 20, 1994 | Docket: 1310555

Cited 5 times | Published

entitlement to such fees arises solely from section 61.16, Florida Statutes (1991). Lastly, we agree with

Thrift v. Thrift

632 So. 2d 202, 1994 WL 43409

District Court of Appeal of Florida | Filed: Feb 16, 1994 | Docket: 1514001

Cited 5 times | Published

the relative financial resources of the parties. § 61.16, Fla. Stat. (1991). See McLendon v. McLendon, 483

McClish v. Lee

633 So. 2d 56, 1994 WL 43208

District Court of Appeal of Florida | Filed: Feb 11, 1994 | Docket: 1296714

Cited 5 times | Published

an evidentiary basis for the determination. See § 61.16, Fla. Stat. (1991). The court did hear testimony

Castillo v. Castillo

626 So. 2d 1035, 1993 WL 460650

District Court of Appeal of Florida | Filed: Nov 9, 1993 | Docket: 1684996

Cited 5 times | Published

of attorneys' fees to the wife was error. See § 61.16, Fla. Stat. (1991); Bible, 597 So.2d at 361 (no

DHRS v. Crossdale

585 So. 2d 481

District Court of Appeal of Florida | Filed: Sep 11, 1991 | Docket: 1688674

Cited 5 times | Published

remedies available to the enforcing parent is section 61.16, Florida Statutes (1989), which allows the court

Holley v. Holley

547 So. 2d 192, 1989 WL 86797

District Court of Appeal of Florida | Filed: Aug 2, 1989 | Docket: 1475200

Cited 5 times | Published

or her own attorney's fees. The purpose of section 61.16, Florida Statutes (1987), permitting the court

Hirsch v. Hirsch

519 So. 2d 1056, 1988 WL 4065

District Court of Appeal of Florida | Filed: Jan 27, 1988 | Docket: 1332654

Cited 5 times | Published

Williams, 281 A.2d 273, 59 N.J. 229 (1971). Section 61.16, Florida Statutes (1985), provides broad authority

McLendon v. McLendon

483 So. 2d 498

District Court of Appeal of Florida | Filed: Feb 18, 1986 | Docket: 159865

Cited 5 times | Published

award of costs and attorney's fees pursuant to section 61.16, Florida Statutes (1983), must be based on the

Fayson v. Fayson

482 So. 2d 523, 11 Fla. L. Weekly 298

District Court of Appeal of Florida | Filed: Jan 30, 1986 | Docket: 159043

Cited 5 times | Published

attorney's fees to the wife was also error. Section 61.16, Florida Statutes (1983) provides for the award

Nolan v. Altman

449 So. 2d 898

District Court of Appeal of Florida | Filed: Apr 13, 1984 | Docket: 1325292

Cited 5 times | Published

2d 1078 (Fla. 1984). At issue in Wiggins was section 61.16, Florida Statutes, which provides that a court

Nichols v. Nichols

418 So. 2d 1198

District Court of Appeal of Florida | Filed: Sep 1, 1982 | Docket: 1685916

Cited 5 times | Published

Court said in Canakaris that the purpose of section 61.16, Florida Statutes (1981), permitting an award

Adler v. Adler

418 So. 2d 1007

District Court of Appeal of Florida | Filed: Mar 2, 1982 | Docket: 1289148

Cited 5 times | Published

estate is not a "party" within the terms of Section 61.16, Florida Statutes, so as to be entitled to an

Price v. Price

382 So. 2d 433

District Court of Appeal of Florida | Filed: Apr 16, 1980 | Docket: 1674297

Cited 5 times | Published

contempt is permissible. The applicable statute, Section 61.16, Florida Statutes, provides: The court may from

Gratton v. Gratton

358 So. 2d 262

District Court of Appeal of Florida | Filed: May 9, 1978 | Docket: 1311310

Cited 5 times | Published

attorney fees and costs was authorized under Section 61.16, Florida Statutes (1975), and in the situation

Darcy v. Darcy

285 So. 2d 59

District Court of Appeal of Florida | Filed: Nov 9, 1973 | Docket: 1491845

Cited 5 times | Published

Section F.S. 61.15, F.S.A. 1969 and amended Section F.S. 61.16, F.S.A. to read as follows: "61.16 Attorney's

Romano v. Olshen

153 So. 3d 912, 2014 WL 940700

District Court of Appeal of Florida | Filed: Mar 12, 2014 | Docket: 60245368

Cited 4 times | Published

surrounding the suit in awarding fees under section 61.16”).

Spano v. Bruce

62 So. 3d 2, 2011 Fla. App. LEXIS 2266, 2011 WL 611831

District Court of Appeal of Florida | Filed: Feb 23, 2011 | Docket: 2362144

Cited 4 times | Published

Altman, 372 So.2d 512 (Fla. 3d DCA 1979). Section 61.16, Florida Statutes (2009), provides for Title

Kouzine v. Kouzine

44 So. 3d 213, 2010 Fla. App. LEXIS 13731, 2010 WL 3602789

District Court of Appeal of Florida | Filed: Sep 17, 2010 | Docket: 2399915

Cited 4 times | Published

of the parties pursuant to section 61.16, Florida Statutes. Section 61.16(1), Florida Statutes (2009)

Kay v. Kay

988 So. 2d 1273, 2008 WL 3978127

District Court of Appeal of Florida | Filed: Aug 29, 2008 | Docket: 1722205

Cited 4 times | Published

costs attributable to the continuance. Although section 61.16(1), Florida Statutes (2007), provides that expert

Schwartz v. Schwartz

965 So. 2d 832, 2007 WL 2428073

District Court of Appeal of Florida | Filed: Aug 29, 2007 | Docket: 937343

Cited 4 times | Published

Former Wife's request for attorney's fees. Section 61.16, Florida Statutes (2005), provides in pertinent

Balko v. Balko

957 So. 2d 15, 2007 WL 865827

District Court of Appeal of Florida | Filed: Mar 23, 2007 | Docket: 2576294

Cited 4 times | Published

dissolution case is governed by section 61.16, Florida Statutes (2005). Section 61.16(1) requires the court to

Moss v. Moss

939 So. 2d 159, 2006 WL 2787414

District Court of Appeal of Florida | Filed: Sep 29, 2006 | Docket: 1657396

Cited 4 times | Published

award of attorney's fees and costs pursuant to section 61.16, Florida Statutes (2001). In response to the

Boudot v. Boudot

925 So. 2d 409, 2006 WL 846757

District Court of Appeal of Florida | Filed: Mar 31, 2006 | Docket: 1516940

Cited 4 times | Published

prevailing party considerations. Moreover, section 61.16, Florida *415 Statutes (2004), already governs

Wight v. Wight

880 So. 2d 692, 2004 WL 895854

District Court of Appeal of Florida | Filed: Apr 28, 2004 | Docket: 1294893

Cited 4 times | Published

matter and the contempt issues. Pursuant to section 61.16(1), Florida Statutes (2000), the trial court

In Re Foster

292 B.R. 221, 16 Fla. L. Weekly Fed. B 91, 2003 Bankr. LEXIS 375, 2003 WL 1957486

United States Bankruptcy Court, M.D. Florida | Filed: Apr 28, 2003 | Docket: 1073059

Cited 4 times | Published

relevant Florida statute is Florida Statute section 61.16(1), which provides courts the ability to award

Diaz v. Diaz

826 So. 2d 229, 2002 WL 276477

Supreme Court of Florida | Filed: Feb 28, 2002 | Docket: 1662817

Cited 4 times | Published

957. The Third District acknowledged "that section 61.16, Florida Statutes, is not intended to operate

Mott v. Mott

800 So. 2d 331, 2001 WL 1444767

District Court of Appeal of Florida | Filed: Nov 16, 2001 | Docket: 1683669

Cited 4 times | Published

under the other terms of the agreement or under section 61.16, Florida Statutes (2000). Should the trial court

Gallinar v. Gallinar

763 So. 2d 447, 2000 WL 763120

District Court of Appeal of Florida | Filed: Jun 14, 2000 | Docket: 1681820

Cited 4 times | Published

the relatively insubstantial marital assets. Section 61.16, Florida Statutes (1997), grants discretion

Gerhardt v. Gerhardt

738 So. 2d 485, 1999 WL 565909

District Court of Appeal of Florida | Filed: Aug 4, 1999 | Docket: 1502637

Cited 4 times | Published

of the marital assets. As such, chapter 61, section 61.16, authorizes an award of appellate attorney's

Mogul v. Mogul

730 So. 2d 1287, 1999 WL 299580

District Court of Appeal of Florida | Filed: May 14, 1999 | Docket: 222597

Cited 4 times | Published

Langston, 655 So.2d 91, 95, n. 2 (Fla.1995). [3] § 61.16(1), Fla. Stat. (1997).

Rosin Law Offices, P.A. v. Lapsley (In Re Lapsley)

230 B.R. 633, 12 Fla. L. Weekly Fed. B 146, 1999 Bankr. LEXIS 165, 1999 WL 105036

United States Bankruptcy Court, M.D. Florida | Filed: Feb 25, 1999 | Docket: 218521

Cited 4 times | Published

obligations as obligations owed to the wife. Section 61.16, Florida Statutes, is the statutory authority

Spano v. Spano

698 So. 2d 324, 1997 WL 442355

District Court of Appeal of Florida | Filed: Aug 6, 1997 | Docket: 434568

Cited 4 times | Published

means that he awarded fees to her under section 61.16(1). See § 61.16(1), Florida Statutes (1995). That statute

St. Pierre v. Greenberg

697 So. 2d 218, 1997 WL 408740

District Court of Appeal of Florida | Filed: Jul 23, 1997 | Docket: 161449

Cited 4 times | Published

the movant's fees. See id. at 74-75; see also § 61.16, Fla. Stat. (1995); Warnhoff v. Warnhoff, 493 So

Wiederhold v. Wiederhold

696 So. 2d 923, 1997 WL 373828

District Court of Appeal of Florida | Filed: Jul 9, 1997 | Docket: 1696156

Cited 4 times | Published

was intended to apply to awards of fees under section 61.16, Florida Statutes (1995). I dissent, however

Boyett v. Boyett

683 So. 2d 1140, 1996 WL 714026

District Court of Appeal of Florida | Filed: Dec 13, 1996 | Docket: 1515040

Cited 4 times | Published

and Sears and Appraisal Debts The purpose of section 61.16, Florida Statutes (1993) is to assure that each

Widder v. Widder

673 So. 2d 954, 1996 WL 271566

District Court of Appeal of Florida | Filed: May 22, 1996 | Docket: 1671401

Cited 4 times | Published

with the parties' minor child. We reverse. Section 61.16, Florida Statutes (1993), governs fee awards

Dean v. Dean

655 So. 2d 243, 1995 WL 335440

District Court of Appeal of Florida | Filed: Jun 7, 1995 | Docket: 1696924

Cited 4 times | Published

fees is governed only by the contract and that section 61.16, Florida Statutes (Supp. 1994), and the conditions

Hicks v. Hicks

654 So. 2d 654, 1995 WL 275743

District Court of Appeal of Florida | Filed: May 12, 1995 | Docket: 1710322

Cited 4 times | Published

it was within the court's discretion under section 61.16(11)(k) not to require child support since doing

Robinson v. Robinson

655 So. 2d 123

District Court of Appeal of Florida | Filed: Apr 12, 1995 | Docket: 1327036

Cited 4 times | Published

given the far superior ability of the wife to pay. § 61.16, Fla. Stat. (1992); LaHuis v. LaHuis, 590 So.2d

Rosasco v. Rosasco

641 So. 2d 493, 1994 WL 447287

District Court of Appeal of Florida | Filed: Aug 22, 1994 | Docket: 1648627

Cited 4 times | Published

has not been established in accordance with section 61.16, Florida Statutes, and the dictates of Standard

Rosasco v. Rosasco

641 So. 2d 493, 1994 WL 447287

District Court of Appeal of Florida | Filed: Aug 22, 1994 | Docket: 1648627

Cited 4 times | Published

has not been established in accordance with section 61.16, Florida Statutes, and the dictates of Standard

Berger v. Berger

573 So. 2d 952, 1991 WL 2762

District Court of Appeal of Florida | Filed: Feb 25, 1991 | Docket: 1395909

Cited 4 times | Published

court thereupon awarded the husband the fees. Section 61.16, Florida Statutes (1987) provides that the court

Rogers v. Cooper

575 So. 2d 266, 1991 WL 17924

District Court of Appeal of Florida | Filed: Feb 18, 1991 | Docket: 1731392

Cited 4 times | Published

department is subject to the provisions of Section 61.16, Florida Statutes, which provides for the award

Shearer v. Shearer (In Re Shearer)

124 B.R. 862, 1990 Bankr. LEXIS 2833, 1990 WL 272089

United States Bankruptcy Court, N.D. Florida | Filed: Dec 18, 1990 | Docket: 1803038

Cited 4 times | Published

Additionally, Plaintiff argues, Florida Statute § 61.16 gives the court, after considering the financial

Pirino v. Pirino

558 So. 2d 171, 1990 WL 26951

District Court of Appeal of Florida | Filed: Mar 15, 1990 | Docket: 1364926

Cited 4 times | Published

Attorney's fees, filed October 12, 1987, pursuant to Section 61.16, Florida Statutes, is granted conditioned upon

Fechtel v. Fechtel

556 So. 2d 520, 1990 WL 9281

District Court of Appeal of Florida | Filed: Feb 8, 1990 | Docket: 542954

Cited 4 times | Published

of a proper motion for attorney's fees under section 61.16, Florida Statutes. REVERSED and REMANDED. DAUKSCH

Faust v. Faust

553 So. 2d 1275, 1989 WL 142168

District Court of Appeal of Florida | Filed: Nov 28, 1989 | Docket: 1675745

Cited 4 times | Published

dissolution proceedings: "[T]he purpose of section 61.16, Florida Statutes, was to ensure that both parties

Margulies v. Margulies

506 So. 2d 1093, 12 Fla. L. Weekly 1153

District Court of Appeal of Florida | Filed: May 5, 1987 | Docket: 1336728

Cited 4 times | Published

of fees that should be awarded, pursuant to section 61.16, Florida Statutes (1985), to counsel for the

Continental Cas. Co. v. Marx

480 So. 2d 177, 11 Fla. L. Weekly 18

District Court of Appeal of Florida | Filed: Dec 17, 1985 | Docket: 2516200

Cited 4 times | Published

maintain such a claim is conferred by statute. See § 61.16 Fla. Stat. (1983). We caution also that, because

Keister v. Keister

458 So. 2d 32

District Court of Appeal of Florida | Filed: Oct 17, 1984 | Docket: 1733065

Cited 4 times | Published

attorneys who had no standing to bring a suit under section 61.16, Florida Statutes (1983), (2) the husband remarried

Village of Palm Springs v. RETIREMENT BUILDERS

396 So. 2d 196, 1981 Fla. App. LEXIS 18735

District Court of Appeal of Florida | Filed: Feb 4, 1981 | Docket: 1732019

Cited 4 times | Published

either law or fact raised by the losing party; F.S. 61.16 providing a court may, after considering the

Village of Palm Springs v. RETIREMENT BUILDERS

396 So. 2d 196, 1981 Fla. App. LEXIS 18735

District Court of Appeal of Florida | Filed: Feb 4, 1981 | Docket: 1732019

Cited 4 times | Published

either law or fact raised by the losing party; F.S. 61.16 providing a court may, after considering the

Fickle v. Adkins

385 So. 2d 1141

District Court of Appeal of Florida | Filed: Jul 7, 1980 | Docket: 1337998

Cited 4 times | Published

emerges. That right has since been codified by Section 61.16, Florida Statutes (1979): "The court may from

Grotnes v. Grotnes

338 So. 2d 1122

District Court of Appeal of Florida | Filed: Oct 29, 1976 | Docket: 1511822

Cited 4 times | Published

court has previously recognized that under Section 61.16, Florida Statutes, a trial court may allow a

McKennon v. McKennon

312 So. 2d 804

District Court of Appeal of Florida | Filed: May 23, 1975 | Docket: 1734505

Cited 4 times | Published

would also affirm as to attorney's fees. Florida Statute 61.16 provides as follows: "The court may from

Tiffany v. Tiffany

305 So. 2d 798

District Court of Appeal of Florida | Filed: Jan 10, 1975 | Docket: 457098

Cited 4 times | Published

court costs of $55.50. Florida Statutes (1973), Section 61.16 provides as follows: "The court may from time

Heitzman v. Heitzman

281 So. 2d 578

District Court of Appeal of Florida | Filed: Aug 15, 1973 | Docket: 1676698

Cited 4 times | Published

settlement of rights between the parties. *580 F.S. 61.16, Laws of 1971, F.S.A., provides: "61.16 Attorney's

Troike v. Troike

271 So. 3d 1069

District Court of Appeal of Florida | Filed: Jan 30, 2019 | Docket: 64714169

Cited 3 times | Published

competent substantial evidence). Specifically, section 61.16(1) of the Florida Statutes requires that the

Walsh v. Walsh

262 So. 3d 212

District Court of Appeal of Florida | Filed: Dec 14, 2018 | Docket: 64701376

Cited 3 times | Published

Wife's request for attorney's fees pursuant to section 61.16, Florida Statutes. As previously explained,

Spector v. Spector

226 So. 3d 256, 2017 WL 2264636, 2017 Fla. App. LEXIS 7547

District Court of Appeal of Florida | Filed: May 24, 2017 | Docket: 60274311

Cited 3 times | Published

appellate attorney’s fees and costs. She cited to section 61,16, Florida Statutes and Florida Rule of Appellate

Beckford v. Drogan

216 So. 3d 1, 2017 WL 383429, 2017 Fla. App. LEXIS 935

District Court of Appeal of Florida | Filed: Jan 27, 2017 | Docket: 60265118

Cited 3 times | Published

specific inclusion of appellate attorney’s fees in section 61.16, Florida Statutes, it must have impliedly rejected"

B.K. v. S.D.C.

122 So. 3d 980, 2013 WL 5576097, 2013 Fla. App. LEXIS 16223

District Court of Appeal of Florida | Filed: Oct 11, 2013 | Docket: 60234833

Cited 3 times | Published

of section 61.16, Florida Statutes (1991). At that time, Florida courts interpreted section 61.16 to

Duncan-Osiyemi v. Osiyemi

117 So. 3d 882, 2013 WL 3811801, 2013 Fla. App. LEXIS 11595

District Court of Appeal of Florida | Filed: Jul 24, 2013 | Docket: 60232835

Cited 3 times | Published

Ford, 68 So.3d 257, 258 (Fla. 4th DCA 2010). Section 61.16(1), Florida Statutes (2010), provides that the

Glass v. Glass

49 So. 3d 867, 2010 Fla. App. LEXIS 19828, 2010 WL 5345510

District Court of Appeal of Florida | Filed: Dec 29, 2010 | Docket: 2573232

Cited 3 times | Published

(stating that, in awarding fees pursuant to section 61.16, Florida Statutes, the trial court must make

Martinez v. ABINADER

37 So. 3d 944, 2010 Fla. App. LEXIS 8239, 2010 WL 2330252

District Court of Appeal of Florida | Filed: Jun 11, 2010 | Docket: 1668677

Cited 3 times | Published

the Husband's assets and sources of income. See § 61.16(1). In all other respects, we affirm the final

Tullos v. Tullos

37 So. 3d 355, 2010 Fla. App. LEXIS 7030, 2010 WL 2010846

District Court of Appeal of Florida | Filed: May 21, 2010 | Docket: 1240079

Cited 3 times | Published

1988). Further, in dissolution actions under section 61.16, Florida Statutes (2008), the trial court must

Hingson v. MMI OF FLORIDA, INC.

8 So. 3d 398, 2009 Fla. App. LEXIS 2218, 2009 WL 691161

District Court of Appeal of Florida | Filed: Mar 18, 2009 | Docket: 1654151

Cited 3 times | Published

the wife in a dissolution action pursuant to section 61.16, Florida Statutes (2001), based on the parties'

Bohner v. Bohner

997 So. 2d 454, 2008 WL 5156656

District Court of Appeal of Florida | Filed: Dec 10, 2008 | Docket: 1721210

Cited 3 times | Published

524, 526 (Fla. 4th DCA 2005). Although under section 61.16 "the financial resources of the parties are

Hirschenson v. Hirschenson

996 So. 2d 905, 2008 WL 4998771

District Court of Appeal of Florida | Filed: Nov 26, 2008 | Docket: 1692674

Cited 3 times | Published

erred in holding it had no authority under section 61.16, Florida Statutes (2007), to award attorney's

Paskiewicz v. Paskiewicz

967 So. 2d 277, 2007 WL 2780902

District Court of Appeal of Florida | Filed: Sep 26, 2007 | Docket: 1454489

Cited 3 times | Published

*281 that part of the modification order. See § 61.16, Fla. Stat. (2006) ("The court may from time to

Riley v. Edwards-Riley

963 So. 2d 829, 2007 WL 2254581

District Court of Appeal of Florida | Filed: Aug 8, 2007 | Docket: 1697474

Cited 3 times | Published

complies with the dictates of section 61.075(3). See § 61.16(1), Fla. Stat. (2005) (governing fee awards in

Vitt v. Rodriguez

960 So. 2d 47, 2007 WL 1709535

District Court of Appeal of Florida | Filed: Jun 15, 2007 | Docket: 1406191

Cited 3 times | Published

See, e.g., § 61.001, Fla. Stat. (1995). Thus, section 61.16 should be liberallynot restrictivelyconstrued

Manz v. Palomino (In Re Palomino)

355 B.R. 349, 20 Fla. L. Weekly Fed. B 81, 2006 Bankr. LEXIS 2950

United States Bankruptcy Court, S.D. Florida. | Filed: Oct 13, 2006 | Docket: 1416543

Cited 3 times | Published

respective financial positions). See also Fla. Stat. § 61.16 (2003).[7] On its face, the Settlement Agreement

Manz v. Palomino (In Re Palomino)

355 B.R. 349, 20 Fla. L. Weekly Fed. B 81, 2006 Bankr. LEXIS 2950

United States Bankruptcy Court, S.D. Florida. | Filed: Oct 13, 2006 | Docket: 1416543

Cited 3 times | Published

respective financial positions). See also Fla. Stat. § 61.16 (2003).[7] On its face, the Settlement Agreement

Humerickhouse v. Humerickhouse

932 So. 2d 1142, 2006 WL 1667372

District Court of Appeal of Florida | Filed: Jun 16, 2006 | Docket: 1684675

Cited 3 times | Published

Kay brings for our review. The purpose of section 61.16(1), Florida Statutes (2005), in permitting an

Robinson-Wilson v. Wilson

932 So. 2d 330, 2006 WL 437507

District Court of Appeal of Florida | Filed: Feb 8, 2006 | Docket: 1684648

Cited 3 times | Published

power to award attorney's fees is outside of section 61.16(1), Florida Statutes (2004), which requires

Mobley v. Mobley

920 So. 2d 97, 2006 WL 140094

District Court of Appeal of Florida | Filed: Jan 20, 2006 | Docket: 1730682

Cited 3 times | Published

the former wife's motion for fees pursuant to section 61.16, Florida Statutes, but remand the matter to

Moss v. Moss

901 So. 2d 177, 2005 WL 562757

District Court of Appeal of Florida | Filed: Mar 11, 2005 | Docket: 1666199

Cited 3 times | Published

awarding the Wife attorney's fees pursuant to section 61.16, Florida Statutes (2002), or in denying the

Blaine v. Blaine

869 So. 2d 716, 2004 WL 735462

District Court of Appeal of Florida | Filed: Apr 7, 2004 | Docket: 1175190

Cited 3 times | Published

to award her attorney's fees. We disagree. Section 61.16(1), Florida Statutes (2003), allows the court

Johnson v. Johnson

847 So. 2d 1157, 2003 WL 21471687

District Court of Appeal of Florida | Filed: Jun 27, 2003 | Docket: 1686742

Cited 3 times | Published

imputing a $25,000 salary to former wife). [5] § 61.16, Fla. Stat. (in determining whether to make attorney's

Murray v. Murray

826 So. 2d 1029, 2001 WL 1471793

District Court of Appeal of Florida | Filed: Nov 21, 2001 | Docket: 1197658

Cited 3 times | Published

(Fla. 3d DCA 2000); § 61.16(1), Fla. Stat. (1997). The purpose of section 61.16 is to ensure that both

Taylor v. Taylor

746 So. 2d 577, 1999 WL 1241910

District Court of Appeal of Florida | Filed: Dec 21, 1999 | Docket: 1360738

Cited 3 times | Published

concluded that a court is not limited under section 61.16(1), Florida Statutes (1995) to considering only

Taylor v. Taylor

734 So. 2d 473, 1999 WL 308812

District Court of Appeal of Florida | Filed: May 12, 1999 | Docket: 1441730

Cited 3 times | Published

600(c)(3), seeks review of that order by motion. Section 61.16(1), Florida Statutes (1995) provides that temporary

Castillo v. Prater (In Re Prater)

231 B.R. 819, 12 Fla. L. Weekly Fed. B 163, 1999 Bankr. LEXIS 352, 1999 WL 193409

United States Bankruptcy Court, M.D. Florida | Filed: Apr 5, 1999 | Docket: 1735253

Cited 3 times | Published

responsibility for their daily care. Pursuant to Fla. Stat. § 61.16, the state court calculated Defendant's contribution

Starkey v. Linn

723 So. 2d 333, 1998 WL 852499

District Court of Appeal of Florida | Filed: Dec 11, 1998 | Docket: 1693575

Cited 3 times | Published

applicable to these proceedings. NOTES [1] Section 61.16 clearly does not apply because this was not

Wilkinson v. Wilkinson

714 So. 2d 524, 1998 WL 307565

District Court of Appeal of Florida | Filed: Jun 12, 1998 | Docket: 461560

Cited 3 times | Published

of the wife's attorney's fees. Pursuant to section 61.16(1), Florida Statutes (1995), "[t]he court may

Firestone v. Firestone

704 So. 2d 1146, 1998 WL 39573

District Court of Appeal of Florida | Filed: Feb 4, 1998 | Docket: 2572718

Cited 3 times | Published

the movant's fees. See id. at 74-75; see also § 61.16, Fla. Stat. (1995); Warnhoff v. Warnhoff, 493 So

Firestone v. Firestone

704 So. 2d 1146, 1998 WL 39573

District Court of Appeal of Florida | Filed: Feb 4, 1998 | Docket: 2572718

Cited 3 times | Published

the movant's fees. See id. at 74-75; see also § 61.16, Fla. Stat. (1995); Warnhoff v. Warnhoff, 493 So

Pohlmann v. Pohlmann

703 So. 2d 1121, 1997 WL 710302

District Court of Appeal of Florida | Filed: Nov 14, 1997 | Docket: 1349165

Cited 3 times | Published

remaining fees may be allocated based upon section 61.16, Florida Statutes (1995). We affirm the judgment

USB Acquisition Co., Inc. v. Stamm

695 So. 2d 373, 1997 WL 109085

District Court of Appeal of Florida | Filed: Mar 12, 1997 | Docket: 425211

Cited 3 times | Published

an award of appellate attorney's fees under section 61.16 and remanded with instructions that the trial

Nash v. Nash

688 So. 2d 428, 1997 WL 80343

District Court of Appeal of Florida | Filed: Feb 26, 1997 | Docket: 2544156

Cited 3 times | Published

was reasonable and not an abuse of discretion. § 61.16, Fla. Stat. (1995); Mueller v. Mueller, 307 So

Robbie v. Robbie

683 So. 2d 1131, 1996 WL 710797

District Court of Appeal of Florida | Filed: Dec 11, 1996 | Docket: 2530326

Cited 3 times | Published

an attorney's fees statute so broadly than section 61.16, Florida Statutes (1995). I am aware of no instance

Parker v. Parker

655 So. 2d 233, 1995 WL 331443

District Court of Appeal of Florida | Filed: Jun 6, 1995 | Docket: 1327236

Cited 3 times | Published

incurred by the former wife in this action. See § 61.16, Fla. Stat. (1993). Accordingly, we reverse the

Hodge v. Hodge

607 So. 2d 510, 1992 WL 332661

District Court of Appeal of Florida | Filed: Nov 13, 1992 | Docket: 2565706

Cited 3 times | Published

00 in temporary attorney's fees pursuant to section 61.16, Florida Statutes (1991). Chapter 61 specifically

STATE, DHRS v. Harvey

593 So. 2d 611, 1992 WL 25918

District Court of Appeal of Florida | Filed: Feb 14, 1992 | Docket: 1508895

Cited 3 times | Published

the appellee's attorneys' fees pursuant to section 61.16, Florida Statutes (1989). HRS contends it is

STATE, DHRS v. Harvey

593 So. 2d 611, 1992 WL 25918

District Court of Appeal of Florida | Filed: Feb 14, 1992 | Docket: 1508895

Cited 3 times | Published

the appellee's attorneys' fees pursuant to section 61.16, Florida Statutes (1989). HRS contends it is

Straley v. Frank

585 So. 2d 334, 1991 WL 143768

District Court of Appeal of Florida | Filed: Jul 31, 1991 | Docket: 271512

Cited 3 times | Published

value in excess of $50,000.00. The purpose of section 61.16, Florida Statutes (1989), providing for assessment

Cibula v. Cibula

578 So. 2d 519, 1991 WL 65939

District Court of Appeal of Florida | Filed: May 1, 1991 | Docket: 440634

Cited 3 times | Published

proceedings finds its source in section 61.14 and section 61.16 of the Florida Statutes. When such a proceeding

Klinger v. Klinger

570 So. 2d 1042, 1990 WL 181860

District Court of Appeal of Florida | Filed: Nov 27, 1990 | Docket: 237207

Cited 3 times | Published

Harrison, 540 So.2d 230 (Fla. 1st DCA 1989); § 61.16, Fla. Stat. (1989). We reverse the attorney's fees

Garcia v. Garcia

570 So. 2d 357, 1990 WL 159678

District Court of Appeal of Florida | Filed: Oct 23, 1990 | Docket: 1704283

Cited 3 times | Published

*359 v. Kuse, 533 So.2d 828 (Fla. 3d DCA 1988); § 61.16, Fla. Stat. (1989). Second, the wife contends the

Creel v. Creel

568 So. 2d 942, 1990 WL 129925

District Court of Appeal of Florida | Filed: Sep 11, 1990 | Docket: 1526599

Cited 3 times | Published

attorney's fees and costs in a modification proceeding. § 61.16, Fla. Stat. (1989); see also Lawrence v. Lawrence

Mulford v. Sullivan

560 So. 2d 1364, 1990 WL 61944

District Court of Appeal of Florida | Filed: May 9, 1990 | Docket: 1739537

Cited 3 times | Published

stated that an award of attorney's fees under Section 61.16, Florida Statutes, "depends not upon who prevails

Flanders v. Flanders

516 So. 2d 1090, 1987 WL 2769

District Court of Appeal of Florida | Filed: Dec 17, 1987 | Docket: 1267117

Cited 3 times | Published

the ex-wife's claim for attorney's fees under section 61.16, Florida Statutes. However, notwithstanding

Stump v. Foresi

486 So. 2d 62, 11 Fla. L. Weekly 820

District Court of Appeal of Florida | Filed: Apr 9, 1986 | Docket: 2585620

Cited 3 times | Published

specific statute nominated as authority applies. Section 61.16, Florida Statutes (1983), is inapplicable because

Jeffcoat v. Heinicka

436 So. 2d 1042

District Court of Appeal of Florida | Filed: Aug 26, 1983 | Docket: 1340274

Cited 3 times | Published

for attorney fees and costs in those cases, section 61.16, does not, like section 501.2105, expressly

Wenz v. Collings

417 So. 2d 318

District Court of Appeal of Florida | Filed: Jul 28, 1982 | Docket: 1383905

Cited 3 times | Published

2d 1197, 1205 (Fla. 1980), "the purpose of section 61.16, Florida Statutes, was to ensure that both parties

Baucom v. Baucom

397 So. 2d 345

District Court of Appeal of Florida | Filed: Apr 7, 1981 | Docket: 1357571

Cited 3 times | Published

seeking an award of attorney's fees pursuant to Section 61.16, Florida Statutes (1979) [as amplified by §

Droubie v. Droubie

379 So. 2d 1331

District Court of Appeal of Florida | Filed: Feb 20, 1980 | Docket: 1385246

Cited 3 times | Published

parties in determining an award of attorney's fees. § 61.16, Fla. Stat. (1977); Gray v. Gray, 362 So.2d 294

Canakaris v. Canakaris

356 So. 2d 858

District Court of Appeal of Florida | Filed: Mar 17, 1978 | Docket: 1478765

Cited 3 times | Published

enforcement proceeding of the type involved here. Section 61.16, Florida Statutes. To support an award of attorney's

Fisher v. Fisher

318 So. 2d 434

District Court of Appeal of Florida | Filed: Jul 29, 1975 | Docket: 1739198

Cited 3 times | Published

legal services within the purview of Fla. Stat. § 61.16, F.S.A. which would otherwise entitle him to a

Gregory Rawson, Former Husband v. Lisa L. Rawson, Former Wife

264 So. 3d 325

District Court of Appeal of Florida | Filed: Feb 4, 2019 | Docket: 14533672

Cited 2 times | Published

further explanation, the trial court erred. Section 61.16(1), Florida Statutes, states in pertinent part

Pamela Dennis, Former Wife v. Lawrence Dennis, Former Husband

230 So. 3d 1277

District Court of Appeal of Florida | Filed: Dec 7, 2017 | Docket: 6244021

Cited 2 times | Published

284, 290 (Fla. 1st DCA 2013). According to section 61.16, Florida Statutes, “[t]he court may from time

SHARON P. ROSALER v. BRIAN L. ROSALER

226 So. 3d 911, 2017 Fla. App. LEXIS 12464, 2017 WL 3726773

District Court of Appeal of Florida | Filed: Aug 30, 2017 | Docket: 6145381

Cited 2 times | Published

to limit an award of attorney’s fees under section 61.16, Florida Statutes, even where the party that

Rogers v. Wiggins

198 So. 3d 1119, 2016 Fla. App. LEXIS 12743, 2016 WL 4468093

District Court of Appeal of Florida | Filed: Aug 24, 2016 | Docket: 4415729

Cited 2 times | Published

consideration of the factors set forth under section 61.16, Florida Statutes (2014). The parties are

Sean Moore v. Teresa Kelso-Moore

152 So. 3d 681, 2014 Fla. App. LEXIS 18943, 2014 WL 6460576

District Court of Appeal of Florida | Filed: Nov 19, 2014 | Docket: 2606375

Cited 2 times | Published

paralegal who worked on the file. However, section 61.16(1), Florida Statutes, expressly does not require

Mitchell v. Mitchell

141 So. 3d 1228, 2014 WL 2751058, 2014 Fla. App. LEXIS 9241

District Court of Appeal of Florida | Filed: Jun 18, 2014 | Docket: 60241770

Cited 2 times | Published

court’s award of attorney’s fees is controlled by section 61.16, Florida Statutes (2013), which provides: The

Caryi v. Caryi

119 So. 3d 508, 2013 WL 3949069, 2013 Fla. App. LEXIS 12089

District Court of Appeal of Florida | Filed: Aug 2, 2013 | Docket: 60233624

Cited 2 times | Published

separately. Flanders v. Flanders Pursuant to section 61.16(1), Florida Statutes (2010), [t]he court may

Moya v. Moya

118 So. 3d 916, 2013 WL 3927678, 2013 Fla. App. LEXIS 12004

District Court of Appeal of Florida | Filed: Jul 31, 2013 | Docket: 60233473

Cited 2 times | Published

record does not demonstrate compliance with section 61.16, Florida Statutes (2012) 1, or with Florida

Allen v. Allen

114 So. 3d 1102, 2013 WL 2662726, 2013 Fla. App. LEXIS 9369

District Court of Appeal of Florida | Filed: Jun 13, 2013 | Docket: 60231750

Cited 2 times | Published

financial need and the husband’s ability to pay. See § 61.16(1), Fla. Stat. (2011); Sumlar v. Sumlar, 827 So

Gunn v. Ubbels

101 So. 3d 420, 2012 Fla. App. LEXIS 20585, 2012 WL 5969628

District Court of Appeal of Florida | Filed: Nov 30, 2012 | Docket: 60226315

Cited 2 times | Published

post-dissolution proceedings, the purpose of section 61.16(1), Florida Statutes (2010), is to ensure that

Hoff v. Hoff

100 So. 3d 1164, 2012 WL 4511355, 2012 Fla. App. LEXIS 16729

District Court of Appeal of Florida | Filed: Oct 3, 2012 | Docket: 60225541

Cited 2 times | Published

(Fla. 2d DCA 2012), which holds that under section 61.16(1), Florida Statutes, “the primary factor to

Goldstein v. Goldstein

90 So. 3d 970, 2012 WL 2400889, 2012 Fla. App. LEXIS 10483

District Court of Appeal of Florida | Filed: Jun 27, 2012 | Docket: 60309736

Cited 2 times | Published

appropriate, our decision is grounded solely under section 61.16, Florida Statutes. We leave it to the trial

Quinones v. Quinones

84 So. 3d 1101, 2012 WL 933061

District Court of Appeal of Florida | Filed: Mar 21, 2012 | Docket: 2414199

Cited 2 times | Published

parties during the marriage. The Fee Awards Section 61.16(1) of the Florida Statutes requires consideration

Khan v. Khan

79 So. 3d 99, 2012 Fla. App. LEXIS 190, 2012 WL 75250

District Court of Appeal of Florida | Filed: Jan 11, 2012 | Docket: 60305424

Cited 2 times | Published

for attorney’s fees, the wife’s based upon section 61.16 and the husband’s based upon the prevailing

Conlan v. Conlan

43 So. 3d 931, 2010 Fla. App. LEXIS 13621, 2010 WL 3564435

District Court of Appeal of Florida | Filed: Sep 15, 2010 | Docket: 1248325

Cited 2 times | Published

not have a need, so the court did not err. Section 61.16(1), Florida Statutes (2007), allows the court

Rashid v. Rashid

35 So. 3d 992, 2010 Fla. App. LEXIS 7015, 2010 WL 2008701

District Court of Appeal of Florida | Filed: May 21, 2010 | Docket: 1646054

Cited 2 times | Published

attorney's fees in dissolution cases are governed by section 61.16(1), Florida Statutes (2006). Because the purpose

Lord v. Lord

993 So. 2d 562, 2008 WL 4643837

District Court of Appeal of Florida | Filed: Oct 22, 2008 | Docket: 469387

Cited 2 times | Published

wife attorney's fees and costs, pursuant to section 61.16, Florida Statutes (2001). The wife appealed

Mount v. Mount

989 So. 2d 1208, 2008 WL 3980759

District Court of Appeal of Florida | Filed: Aug 29, 2008 | Docket: 1665536

Cited 2 times | Published

considering the financial resources of both parties. § 61.16, Fla. Stat. (2006). The proper inquiry is whether

Randall v. Randall

930 So. 2d 840, 2006 WL 1627055

District Court of Appeal of Florida | Filed: Jun 14, 2006 | Docket: 1469203

Cited 2 times | Published

movant establishes his entitlement pursuant to section 61.16, Florida Statutes, and Rosen . . ., the trial

Glasgow v. Wolfe

873 So. 2d 483, 2004 WL 1068137

District Court of Appeal of Florida | Filed: May 13, 2004 | Docket: 1451139

Cited 2 times | Published

Raehn, 557 So.2d 152, 155 (Fla. 1st DCA 1990). Section 61.16(1), Florida Statutes (2001), authorizes an award

Young v. Taubman

855 So. 2d 184, 2003 WL 22082178

District Court of Appeal of Florida | Filed: Sep 10, 2003 | Docket: 1752506

Cited 2 times | Published

Effective October 1, 1993, the legislature amended section 61.16(1), Florida Statutes, to provide that "[a]n

Landow v. Landow

824 So. 2d 278, 2002 WL 1906240

District Court of Appeal of Florida | Filed: Aug 21, 2002 | Docket: 1729436

Cited 2 times | Published

Kovar v. Kovar, 648 So.2d 177 (Fla. 4th DCA 1994); § 61.16, Fla. Stat. (2001). AFFIRMED. STONE, J., and DAVIDSON

Shuler v. Darby

786 So. 2d 627, 2001 WL 434892

District Court of Appeal of Florida | Filed: Jun 12, 2001 | Docket: 1681865

Cited 2 times | Published

is sought." The motion made no reference to section 61.16, Florida Statutes, or to any other statutory

Boulis v. Boulis

754 So. 2d 810, 2000 WL 313595

District Court of Appeal of Florida | Filed: Mar 29, 2000 | Docket: 431315

Cited 2 times | Published

attorney's fees in family law matters under section 61.16. We repeat, however, that it is nevertheless

Atwell v. Atwell

730 So. 2d 858, 1999 WL 253463

District Court of Appeal of Florida | Filed: Apr 30, 1999 | Docket: 1645208

Cited 2 times | Published

note that such an order is permitted under section 61.16, Florida Statutes. However, in light of the

Llopis v. Llopis

731 So. 2d 719, 1999 WL 123133

District Court of Appeal of Florida | Filed: Mar 10, 1999 | Docket: 1733832

Cited 2 times | Published

wife's attorney fees. See generally, Fla. Stat. § 61.16 (1995); Canakaris v. Canakaris, 382 So.2d 1197

Doerflein v. Doerflein

724 So. 2d 153, 1998 WL 852293

District Court of Appeal of Florida | Filed: Dec 11, 1998 | Docket: 1410548

Cited 2 times | Published

award of attorney's fees and costs pursuant to section 61.16, Florida Statutes, for defending the modification

Thomasson v. Thomasson (In Re Thomasson)

199 B.R. 801, 10 Fla. L. Weekly Fed. B 61, 36 Collier Bankr. Cas. 2d 1413, 1996 Bankr. LEXIS 1105, 1996 WL 506779

United States Bankruptcy Court, M.D. Florida | Filed: Aug 13, 1996 | Docket: 1112919

Cited 2 times | Published

support obligations. The Court, relying on Fla.Stat. § 61.16(1) (1993) and citing the case of Hyatt v. Hyatt

Emmel v. Emmel

671 So. 2d 282, 1996 WL 168911

District Court of Appeal of Florida | Filed: Apr 12, 1996 | Docket: 1671951

Cited 2 times | Published

pay her own fees and consider the purpose of section 61.16, namely, "to place the spouses in a dissolution

Rokicki v. Rokicki

660 So. 2d 362, 1995 WL 539776

District Court of Appeal of Florida | Filed: Sep 13, 1995 | Docket: 1755726

Cited 2 times | Published

as to their fee arrangement. Florida Statute section 61.16(1) as amended in 1993, states that corroborating

Pefaur v. Pefaur

617 So. 2d 425, 1993 WL 130554

District Court of Appeal of Florida | Filed: Apr 27, 1993 | Docket: 457782

Cited 2 times | Published

and visitation issues in the case pursuant to section 61.16, and alternatively, section 742.045, Florida

Williams v. Williams

619 So. 2d 972

District Court of Appeal of Florida | Filed: Mar 23, 1993 | Docket: 1381648

Cited 2 times | Published

fees and costs. Attorney's fees, pursuant to section 61.16, Florida Statutes (1991), are litigation costs

Jones v. Jones

606 So. 2d 748, 17 Fla. L. Weekly Fed. D 2434

District Court of Appeal of Florida | Filed: Oct 23, 1992 | Docket: 132212

Cited 2 times | Published

relative financial circumstances of the parties. § 61.16, Fla. Stat. (1981); [citations omitted]."). This

PYSZKA, KESSLER v. Mullin

602 So. 2d 956, 1992 WL 161718

District Court of Appeal of Florida | Filed: Jul 14, 1992 | Docket: 1321716

Cited 2 times | Published

of attorney's fees, the husband asserts that section 61.16, Florida Statutes (1991), is inapplicable to

Deckard v. Deckard

590 So. 2d 35, 1991 WL 253835

District Court of Appeal of Florida | Filed: Dec 4, 1991 | Docket: 1512677

Cited 2 times | Published

indulgent with the entitlement to legal fees under section 61.16, Florida Statutes (1989). As the supreme court

Steward v. Steward

588 So. 2d 692, 1991 WL 234558

District Court of Appeal of Florida | Filed: Nov 14, 1991 | Docket: 1708477

Cited 2 times | Published

Florida Statutes, and the mother's motion under section 61.16, Florida Statutes, are both denied. REVERSED

Miller v. Miller

586 So. 2d 1315, 1991 WL 194168

District Court of Appeal of Florida | Filed: Oct 3, 1991 | Docket: 1742426

Cited 2 times | Published

relief in this court, relying on the language of section 61.16, Florida Statutes (1989) which provides: The

Hosseini v. Hosseini

564 So. 2d 548, 1990 WL 98463

District Court of Appeal of Florida | Filed: Jul 10, 1990 | Docket: 1294430

Cited 2 times | Published

the underlying statutory basis for the fee, Section 61.16, Florida Statutes (1987), does not require that

Kurtz v. Kurtz

538 So. 2d 892, 1989 WL 628

District Court of Appeal of Florida | Filed: Jan 11, 1989 | Docket: 1517140

Cited 2 times | Published

wife has moved for attorney's fees pursuant to section 61.16, Florida Statutes, which entitles a party to

Enslein v. Gere

497 So. 2d 705, 11 Fla. L. Weekly 2357

District Court of Appeal of Florida | Filed: Nov 12, 1986 | Docket: 1295574

Cited 2 times | Published

reverse and remand with direction to apply section 61.16, Florida Statutes (1985). In January 1985, the

Yohanan v. DeClaire

435 So. 2d 913

District Court of Appeal of Florida | Filed: Jul 20, 1983 | Docket: 1328686

Cited 2 times | Published

considering the financial resources of both parties. § 61.16, Fla. Stat. (1979). In similar circumstances, the

The Florida Bar v. WHP

384 So. 2d 28, 1980 Fla. LEXIS 4234

Supreme Court of Florida | Filed: May 15, 1980 | Docket: 1269132

Cited 2 times | Published

fees. In support of this assertion he cites section 61.16 of Florida *30 Statutes (1977). This statute

Monzon v. Monzon

349 So. 2d 195

District Court of Appeal of Florida | Filed: Jul 19, 1977 | Docket: 1225700

Cited 2 times | Published

final judgment of dissolution of marriage. See Section 61.16, Florida Statutes (1975) and Cf. Frumkes v.

Bertram v. Bertram

334 So. 2d 70

District Court of Appeal of Florida | Filed: Jun 2, 1976 | Docket: 1309932

Cited 2 times | Published

matter within the discretion of the court, under § 61.16 Fla. Stat., F.S.A. In view of the circumstances

Colman v. Colman

314 So. 2d 156

District Court of Appeal of Florida | Filed: Jun 13, 1975 | Docket: 2523725

Cited 2 times | Published

for an award of attorney's fees and costs. Section 61.16, F.S.; Belcher v. Belcher, supra; Darcy v. Darcy

Harris v. Harris

291 So. 2d 95

District Court of Appeal of Florida | Filed: Feb 19, 1974 | Docket: 1704897

Cited 2 times | Published

provision of the agreement is inoperable and under § 61.16, Florida Statutes, F.S.A., the award of attorney's

Farrow v. Farrow

263 So. 2d 588

District Court of Appeal of Florida | Filed: May 19, 1972 | Docket: 1318495

Cited 2 times | Published

71-241, Laws of Florida, 1971, amending F.S. § 61.16 F.S.A., which has been enacted since the lower

DEBRA A. JOOSTE v. MICHAEL W. JOOSTE

273 So. 3d 6

District Court of Appeal of Florida | Filed: May 8, 2019 | Docket: 15071954

Cited 1 times | Published

2d 620, 621 (Fla. 1988) (citations omitted); § 61.16(1), Fla. Stat. (2018). “[T]he appropriate inquiry

ANDREA L. LAUX v. KENNETH A. LAUX

266 So. 3d 217

District Court of Appeal of Florida | Filed: Mar 6, 2019 | Docket: 14618631

Cited 1 times | Published

requested attorney’s fees as a sanction pursuant to section 61.16, Florida Statutes, and Rosen v. Rosen, 696 So

Troike v. Troike

271 So. 3d 1069

District Court of Appeal of Florida | Filed: Jan 30, 2019 | Docket: 64714170

Cited 1 times | Published

competent substantial evidence). Specifically, section 61.16(1) of the Florida Statutes requires that the

LENORE MAIO v. PATTI D. CLARKE

255 So. 3d 369

District Court of Appeal of Florida | Filed: Sep 12, 2018 | Docket: 7863701

Cited 1 times | Published

litigation where the “primary criteria” of section 61.16 are not met: need and ability to pay).

Sean Patrick Mahoney v. Virginia Colby Mahoney

251 So. 3d 977

District Court of Appeal of Florida | Filed: Jul 9, 2018 | Docket: 7387545

Cited 1 times | Published

awards in dissolution actions are governed by section 61.16, Florida Statutes (2016), “which requires the

Esad Kurtanovic, Husband v. Zineta Kurtanovic, Wife

248 So. 3d 247

District Court of Appeal of Florida | Filed: May 25, 2018 | Docket: 6915080

Cited 1 times | Published

each party. See § 61.16(1), Fla. Stat. (2014). “The purpose of . . . section [61.16(1)] is to ensure

Brady v. Brady

229 So. 3d 892

District Court of Appeal of Florida | Filed: Nov 9, 2017 | Docket: 6225689

Cited 1 times | Published

Derrevere, 899 So.2d 1152, 1153 (Fla. 4th DCA 2005); § 61.16, Fla. Stat. (2016)). Moreover, if the trial court

NANCY B. HUA v. DENNIS H.L. TSUNG

222 So. 3d 584, 2017 WL 2858897, 2017 Fla. App. LEXIS 9638

District Court of Appeal of Florida | Filed: Jul 5, 2017 | Docket: 6085983

Cited 1 times | Published

including nonmarital assets, in determining alimony); § 61.16(1) Fla. Stat. (2014) (requiring consideration of

Rorrer F/K/A Orban v. Orban

215 So. 3d 148, 2017 WL 1177588, 2017 Fla. App. LEXIS 4189

District Court of Appeal of Florida | Filed: Mar 29, 2017 | Docket: 4658146

Cited 1 times | Published

formula rather than the requirements set out in section 61.16 of the Florida Statutes and controlling case

Koscher v. Koscher

201 So. 3d 736, 2016 Fla. App. LEXIS 14156

District Court of Appeal of Florida | Filed: Sep 21, 2016 | Docket: 60257056

Cited 1 times | Published

enforcement and modification proceedings and appeals.” § 61.16(1), Fla. Stat. (2015). In addition to need and

Koscher v. Koscher

201 So. 3d 736, 2016 Fla. App. LEXIS 14156

District Court of Appeal of Florida | Filed: Sep 21, 2016 | Docket: 60257056

Cited 1 times | Published

enforcement and modification proceedings and appeals.” § 61.16(1), Fla. Stat. (2015). In addition to need and

Gross v. Zimmerman

197 So. 3d 1248, 2016 Fla. App. LEXIS 12070, 2016 WL 4205345

District Court of Appeal of Florida | Filed: Aug 10, 2016 | Docket: 60256186

Cited 1 times | Published

in a paternity action, which is governed by section 61.16, Florida Statutes (2015), and an appellate court

Virginia Abbott, Former Wife v. Todd Abbott, Former Husband

187 So. 3d 326

District Court of Appeal of Florida | Filed: Mar 7, 2016 | Docket: 3042303

Cited 1 times | Published

an abuse of discretion and is controlled by section 61.16, Florida Statutes. Mitchell v. Mitchell

Haywald v. Fougere

164 So. 3d 786, 2015 Fla. App. LEXIS 8094, 2015 WL 3408093

District Court of Appeal of Florida | Filed: May 28, 2015 | Docket: 60248058

Cited 1 times | Published

surrounding the suit in awarding fees under section 61.16[, Fla. Stat.]”). Though she is getting durational

Henderson v. Henderson

162 So. 3d 203, 2015 Fla. App. LEXIS 1556, 2015 WL 477876

District Court of Appeal of Florida | Filed: Feb 6, 2015 | Docket: 60247450

Cited 1 times | Published

2d 832, 833 (Fla. 1st DCA 2007) (ruling that section 61.16, Florida Statutes, “expressly requires the court

Brad E Parker v. Jodie Ann Parker

141 So. 3d 1291

District Court of Appeal of Florida | Filed: Jul 30, 2014 | Docket: 378983

Cited 1 times | Published

resources of the parties in accordance with section 61.16, Florida Statutes (2013), when ruling on any

Fairchild v. Fairchild

135 So. 3d 537, 2014 WL 1325692, 2014 Fla. App. LEXIS 5011

District Court of Appeal of Florida | Filed: Apr 4, 2014 | Docket: 60239686

Cited 1 times | Published

she may file a motion for fees pursuant to section 61.16, Florida Statutes. We have carefully considered

Hahamovitch v. Hahamovitch

133 So. 3d 1062, 2014 WL 52761, 2014 Fla. App. LEXIS 133

District Court of Appeal of Florida | Filed: Jan 8, 2014 | Docket: 60238655

Cited 1 times | Published

authorized in dissolution proceedings under section 61.16, Florida Statutes, contemplates a broader range

Kearney v. Kearney

129 So. 3d 381, 2013 Fla. App. LEXIS 17962, 2013 WL 5988607

District Court of Appeal of Florida | Filed: Nov 12, 2013 | Docket: 60237378

Cited 1 times | Published

obligation for attorneys’ fees and costs pursuant to section 61.16, Florida Statutes; or (iii) the prevailing party

Rowe v. Rodriguez-Schmidt

128 So. 3d 158, 2013 WL 5951867, 2013 Fla. App. LEXIS 17850, 38 Fla. L. Weekly Fed. D 2326

District Court of Appeal of Florida | Filed: Nov 8, 2013 | Docket: 60236998

Cited 1 times | Published

need for and ability to pay attorney’s fees. See § 61.16, Fla. Stat. (2012); Perez, 100 So.3d at 771. “The

Sacket v. Sacket

115 So. 3d 1069, 2013 WL 3014118, 2013 Fla. App. LEXIS 9620

District Court of Appeal of Florida | Filed: Jun 19, 2013 | Docket: 60232076

Cited 1 times | Published

the standard for attorney’s fees awards under section 61.16, Florida Statutes, for the entirety of the motion

Kunsman v. Wall

125 So. 3d 868, 2013 WL 1442057, 2013 Fla. App. LEXIS 5702

District Court of Appeal of Florida | Filed: Apr 10, 2013 | Docket: 60236099

Cited 1 times | Published

pursuant to sections 57.105(1) and (2) and section 61.16, Florida Statutes, (2011), holding Kunsman’s

Dybalski v. Dybalski

108 So. 3d 736, 2013 WL 842944, 2013 Fla. App. LEXIS 3740

District Court of Appeal of Florida | Filed: Mar 8, 2013 | Docket: 60229225

Cited 1 times | Published

awards in dissolution cases are governed by section 61.16, Florida Statutes, which directs the trial court

Schecter v. Schecter

109 So. 3d 833, 2013 WL 811625, 2013 Fla. App. LEXIS 3506

District Court of Appeal of Florida | Filed: Mar 6, 2013 | Docket: 60229814

Cited 1 times | Published

fees in a dissolution proceeding “begins with section 61.16 [of the Florida Statutes]”, Rosen, 696 So.2d

McPherson v. Bittner

126 So. 3d 1230, 2012 WL 5232293, 2012 Fla. App. LEXIS 18499

District Court of Appeal of Florida | Filed: Oct 24, 2012 | Docket: 60236271

Cited 1 times | Published

provision of section 61.16. It was not until 1994, when the Legislature amended section 61.16, that a specific

Youngblood v. Youngblood

91 So. 3d 190, 2012 WL 2125940, 2012 Fla. App. LEXIS 9564

District Court of Appeal of Florida | Filed: Jun 13, 2012 | Docket: 60309834

Cited 1 times | Published

treating the items as “suit money” because section 61.16, Florida Statutes (2010), permits a court in

De Campos v. Ferrara

90 So. 3d 865, 2012 WL 2012155, 2012 Fla. App. LEXIS 8885

District Court of Appeal of Florida | Filed: Jun 6, 2012 | Docket: 60309670

Cited 1 times | Published

(1) the property settlement agreement, not section 61.16, Florida Statutes (2010)1 governed the issue

Lamolinara v. Lamolinara

85 So. 3d 1147, 2012 Fla. App. LEXIS 4594, 2012 WL 987399

District Court of Appeal of Florida | Filed: Mar 26, 2012 | Docket: 2416155

Cited 1 times | Published

Wife's motion for attorney's fees filed under section 61.16, Florida Statutes, and rule 9.400, Florida Rules

Caryi v. Caryi

83 So. 3d 960, 2012 WL 874557, 2012 Fla. App. LEXIS 4225

District Court of Appeal of Florida | Filed: Mar 16, 2012 | Docket: 60306552

Cited 1 times | Published

factor to be considered when awarding fees under section 61.16, Florida Statutes *962(2010), a trial court

Simon v. Simon

83 So. 3d 927, 2012 WL 716169, 2012 Fla. App. LEXIS 3734

District Court of Appeal of Florida | Filed: Mar 7, 2012 | Docket: 2577377

Cited 1 times | Published

remand, the "need and ability to pay test" of section 61.16, Florida Statutes (2011), continues to apply

DiNARDO v. DiNARDO

82 So. 3d 1102, 2012 WL 385484, 2012 Fla. App. LEXIS 1551

District Court of Appeal of Florida | Filed: Feb 8, 2012 | Docket: 2415021

Cited 1 times | Published

our reasoning below. III. THE APPLICABLE LAW Section 61.16(1), Florida Statutes (2005), addresses the subject

Hahn v. Hahn

66 So. 3d 345, 2011 Fla. App. LEXIS 10548, 2011 WL 2622400

District Court of Appeal of Florida | Filed: Jul 6, 2011 | Docket: 60301869

Cited 1 times | Published

699-700 (Fla.1997)). A significant purpose of section 61.16 “is to assure that one party is not limited

Jankowski v. Dey

64 So. 3d 183, 2011 Fla. App. LEXIS 10358, 2011 WL 2582850

District Court of Appeal of Florida | Filed: Jul 1, 2011 | Docket: 60301388

Cited 1 times | Published

to be collusive and fraudulent.” Citing to section 61.16(1), Florida Statutes (2008), the circuit court

Mills v. Mills

62 So. 3d 672, 2011 Fla. App. LEXIS 6454, 2011 WL 1707233

District Court of Appeal of Florida | Filed: May 6, 2011 | Docket: 2361242

Cited 1 times | Published

relative financial positions to pay those fees. See § 61.16; Dwyer v. Dwyer, 981 So.2d 1254, 1258 (Fla. 2d

Phillips v. Ford

68 So. 3d 257, 2010 Fla. App. LEXIS 18018, 2010 WL 4740314

District Court of Appeal of Florida | Filed: Nov 24, 2010 | Docket: 2355931

Cited 1 times | Published

Canakaris, 382 So.2d 1197, 1202-03 (Fla. 1980)). Section 61.16(1), Florida Statutes, provides that a trial

Gergen v. Gergen

48 So. 3d 148, 2010 Fla. App. LEXIS 18068, 2010 WL 4703852

District Court of Appeal of Florida | Filed: Nov 22, 2010 | Docket: 1926753

Cited 1 times | Published

own attorney’s fees and costs, pursuant to section 61.16, Florida Statutes. While appellant former wife

Herbst v. Herbst

40 So. 3d 48, 2010 Fla. App. LEXIS 9580, 2010 WL 2680182

District Court of Appeal of Florida | Filed: Jun 30, 2010 | Docket: 2582644

Cited 1 times | Published

whether a former spouse can be required under section 61.16[1] to reimburse the other former spouse for

Galasso v. GARGIONE

40 So. 3d 14, 2010 Fla. App. LEXIS 8722, 2010 WL 2430982

District Court of Appeal of Florida | Filed: Jun 18, 2010 | Docket: 1667108

Cited 1 times | Published

because section 742.045 is nearly identical to section 61.16, the statute concerning the award of attorney's

Coleman v. Blackwell (In Re Blackwell)

432 B.R. 856, 22 Fla. L. Weekly Fed. B 429, 2010 Bankr. LEXIS 1918, 2010 WL 2594941

United States Bankruptcy Court, M.D. Florida | Filed: May 13, 2010 | Docket: 1723323

Cited 1 times | Published

costs, and the award is justified pursuant to Section 61.16, Florida Statutes, and the contempt powers of

Baker v. Baker

35 So. 3d 76, 2010 Fla. App. LEXIS 6571, 2010 WL 1874402

District Court of Appeal of Florida | Filed: May 12, 2010 | Docket: 1645725

Cited 1 times | Published

the Wife filed a motion for fees based on section 61.16, Florida Statutes (2009), asserting her need

Vitale v. Vitale

31 So. 3d 970, 2010 Fla. App. LEXIS 4945, 2010 WL 1460200

District Court of Appeal of Florida | Filed: Apr 14, 2010 | Docket: 60289856

Cited 1 times | Published

and 1.420(d), Florida Rules of Civil Procedure, § 61.16, Florida Statutes, Ro*973sen v. Rosen, 696 So.2d

Smith & Greene, P.A. v. Luca (In Re Luca)

422 B.R. 772, 22 Fla. L. Weekly Fed. B 292, 2010 Bankr. LEXIS 398, 2010 WL 424611

United States Bankruptcy Court, M.D. Florida | Filed: Jan 14, 2010 | Docket: 1809235

Cited 1 times | Published

should be imposed against the appellant pursuant to § 61.16(1) of the Florida Statutes. The appellate court

Cooper v. Cooper

19 So. 3d 421, 2009 Fla. App. LEXIS 14108, 2009 WL 3018127

District Court of Appeal of Florida | Filed: Sep 23, 2009 | Docket: 1165204

Cited 1 times | Published

The purpose of awarding attorney's fees under section 61.16 is to *424 ensure that both parties will have

Figueruelo v. Figueruelo

11 So. 3d 407, 2009 Fla. App. LEXIS 4248, 2009 WL 1260325

District Court of Appeal of Florida | Filed: May 8, 2009 | Docket: 1419669

Cited 1 times | Published

factual findings of need and ability to pay. See § 61.16, Fla. Stat. (2004); Perrin v. Perrin, 795 So.2d

Harrison v. Gattozzi

992 So. 2d 865, 2008 WL 4442432

District Court of Appeal of Florida | Filed: Oct 3, 2008 | Docket: 2503218

Cited 1 times | Published

attorney's fees. In doing so, we note that section 61.16, Florida Statutes (2006), establishing an entitlement

Kasm v. Lynnel

975 So. 2d 560, 2008 WL 373618

District Court of Appeal of Florida | Filed: Feb 13, 2008 | Docket: 1727189

Cited 1 times | Published

attorneys' fees to the Wife, entered pursuant to section 61.16(1), Florida Statutes (2005). Those fees were

Watt v. Watt

966 So. 2d 455, 2007 WL 2847884

District Court of Appeal of Florida | Filed: Oct 3, 2007 | Docket: 1678774

Cited 1 times | Published

specifically denied making an award other than under section 61.16. Having reviewed the entire record, including

Augoshe v. Lehman

964 So. 2d 277, 2007 WL 2713567

District Court of Appeal of Florida | Filed: Sep 19, 2007 | Docket: 517603

Cited 1 times | Published

distribution plan and other pertinent factors under section 61.16, Florida Statutes (2004). Reversed and remanded

Wright v. Wright

965 So. 2d 1168, 2007 WL 2317296

District Court of Appeal of Florida | Filed: Aug 15, 2007 | Docket: 1509263

Cited 1 times | Published

Kelly, 925 So.2d 364, 369 (Fla. 5th DCA 2006). Section 61.16(1), Florida Statutes (2004), provides in relevant

Bogos v. Bogos

936 So. 2d 1184, 2006 WL 2457175

District Court of Appeal of Florida | Filed: Aug 25, 2006 | Docket: 1651035

Cited 1 times | Published

wife's request for attorneys' fees pursuant to section 61.16, Florida Statutes (1997). Both parties appealed

Ulbrich v. Coolidge

935 So. 2d 607, 2006 WL 2265284

District Court of Appeal of Florida | Filed: Aug 9, 2006 | Docket: 1671035

Cited 1 times | Published

fees and costs prior to trial, pursuant to section 61.16, Florida Statutes. We hold that the trial court

Van Epps v. Hartzell

934 So. 2d 590, 2006 Fla. App. LEXIS 12061, 2006 WL 2032434

District Court of Appeal of Florida | Filed: Jul 21, 2006 | Docket: 64845858

Cited 1 times | Published

in enforcement proceedings are governed by section 61.16, Florida Statutes. In this case, there is nothing

Longmeier v. Longmeier

921 So. 2d 808, 2006 Fla. App. LEXIS 2681, 2006 WL 452662

District Court of Appeal of Florida | Filed: Feb 27, 2006 | Docket: 64842530

Cited 1 times | Published

request for fees must be specifically pled under section 61.16 1 which is a discretionary-fee provision.” Bull

Miller v. Miller

911 So. 2d 1274, 2005 Fla. App. LEXIS 15780, 2005 WL 2439196

District Court of Appeal of Florida | Filed: Oct 5, 2005 | Docket: 64840558

Cited 1 times | Published

quitclaim deed; and (3) under Florida Statutes section 61.16. The general master recommended granting Ms

Fisher v. Bond

906 So. 2d 1248, 2005 WL 1762016

District Court of Appeal of Florida | Filed: Jul 27, 2005 | Docket: 1775302

Cited 1 times | Published

Young, 898 So.2d 1076, 1077 (Fla. 3d DCA 2005). Section 61.16(1), Florida Statutes (2004), authorizes the

Silver v. Silver

898 So. 2d 145, 2005 WL 545091

District Court of Appeal of Florida | Filed: Mar 9, 2005 | Docket: 1448831

Cited 1 times | Published

financial resources of both parties as required by section 61.16, Florida Statutes (2002). In Appelbaum v. Appelbaum

Scott v. Scott

888 So. 2d 81, 2004 Fla. App. LEXIS 16648, 2004 WL 2481363

District Court of Appeal of Florida | Filed: Nov 5, 2004 | Docket: 64834436

Cited 1 times | Published

respective incomes, need, or ability to pay. Section 61.16(1), Florida Statutes (2000), states that the

Coltea v. Coltea

856 So. 2d 1047, 2003 WL 22239333

District Court of Appeal of Florida | Filed: Oct 1, 2003 | Docket: 1298047

Cited 1 times | Published

See, e.g., § 61.001, Fla. Stat. (1995). Thus, section 61.16 should be liberallynot restrictivelyconstrued

Hutto v. Hutto

842 So. 2d 994, 2003 WL 1876963

District Court of Appeal of Florida | Filed: Apr 16, 2003 | Docket: 1730421

Cited 1 times | Published

motion for an award of attorney's fees. Under section 61.16, Florida Statutes (1999), one spouse's need

Zakian v. Zakian

837 So. 2d 549, 2003 WL 289516

District Court of Appeal of Florida | Filed: Feb 12, 2003 | Docket: 537600

Cited 1 times | Published

be entitled to all of her fees under section 61.16. See § 61.16, Fla. Stat. (2001). We disagree. We do

Cisneros v. Cisneros

831 So. 2d 257, 2002 WL 31663210

District Court of Appeal of Florida | Filed: Nov 27, 2002 | Docket: 1722921

Cited 1 times | Published

affirm both the award of attorneys fees under section 61.16, Florida Statutes (2001), and the award of primary

Young v. Hector

833 So. 2d 793, 2002 WL 1285294

District Court of Appeal of Florida | Filed: Jun 12, 2002 | Docket: 1675548

Cited 1 times | Published

Young establishes his entitlement pursuant to section 61.16, Florida Statutes, and Rosen v. Rosen, 696 So

Balazs v. Balazs

817 So. 2d 1004, 2002 WL 1059767

District Court of Appeal of Florida | Filed: May 29, 2002 | Docket: 1429541

Cited 1 times | Published

counsel we reverse the denial of fees under section 61.16 and remand this case to the trial court for

Abraham v. Abraham

753 So. 2d 625, 2000 Fla. App. LEXIS 1683

District Court of Appeal of Florida | Filed: Feb 23, 2000 | Docket: 64795929

Cited 1 times | Published

party’s need and the other party’s ability to pay. § 61.16(1), Fla. Stat. (1997). “The prevailing party standard

Swartz v. Swartz

691 So. 2d 2, 1996 WL 637664

District Court of Appeal of Florida | Filed: Nov 6, 1996 | Docket: 1727254

Cited 1 times | Published

motion in the trial court. As amended in 1994, section 61.16, Florida Statutes, provides in part: 61.16 Attorney's

Taylor v. Lasley

666 So. 2d 600, 1996 Fla. App. LEXIS 416, 1996 WL 26963

District Court of Appeal of Florida | Filed: Jan 24, 1996 | Docket: 64761556

Cited 1 times | Published

consideration of the statutory factors set forth in section 61.16, Florida Statutes (1993), the trial court determines

MacLeod v. Hoff

654 So. 2d 1250, 1995 Fla. App. LEXIS 5079, 1995 WL 277054

District Court of Appeal of Florida | Filed: May 12, 1995 | Docket: 64756365

Cited 1 times | Published

remand, the parties are reminded that under section 61.16, Florida Statutes (1993), attorneys have no

Blanton v. Blanton

654 So. 2d 1240, 1995 WL 270570

District Court of Appeal of Florida | Filed: May 10, 1995 | Docket: 2539857

Cited 1 times | Published

award of attorney's fees and costs pursuant to section 61.16, Florida Statutes (1991). CAMPBELL, A.C.J.,

DEPARTMENT OF H & R SERVICES v. Coyle

624 So. 2d 400, 1993 WL 372166

District Court of Appeal of Florida | Filed: Sep 24, 1993 | Docket: 1517848

Cited 1 times | Published

the subject of a July 1, 1992 amendment to section 61.16, Florida Statutes (1991). Chapter 92-138, §

P.A.G. v. A.F.

602 So. 2d 1259

Supreme Court of Florida | Filed: Jun 11, 1992 | Docket: 64669142

Cited 1 times | Published

award of attorney’s fees was authorized by section 61.16, Florida Statutes (1989), as this postjudgment

Zakarin v. Zakarin

565 So. 2d 790, 1990 WL 102673

District Court of Appeal of Florida | Filed: Jul 24, 1990 | Docket: 1725971

Cited 1 times | Published

decline in her earnings as a court stenographer. Section 61.16, Florida Statutes (1989), authorizes a fee award

Gardner v. Edelstein

561 So. 2d 327, 1990 WL 43143

District Court of Appeal of Florida | Filed: Jun 1, 1990 | Docket: 1480328

Cited 1 times | Published

When an order awarding attorney's fees under section 61.16 fails to set forth specific findings regarding

Johnson v. Johnson

560 So. 2d 1372, 1990 WL 59196

District Court of Appeal of Florida | Filed: May 10, 1990 | Docket: 2553963

Cited 1 times | Published

recognized in numerous cases that the purpose of section 61.16, Florida Statutes, is to ensure that both parties

Shepherd v. Shepherd

526 So. 2d 95, 1987 WL 1940

District Court of Appeal of Florida | Filed: Dec 2, 1987 | Docket: 1679801

Cited 1 times | Published

case law about award of attorney's fees under section 61.16, Florida Statutes obsolete is not always clear

Irwin v. Marko

408 So. 2d 677

District Court of Appeal of Florida | Filed: Dec 30, 1981 | Docket: 1449370

Cited 1 times | Published

attorneys' fees in favor of the wife's counsel. Section 61.16, Florida Statutes (1979), provides that "the

George Gonzalez v. Dayami Rodriguez Rodriguez

District Court of Appeal of Florida | Filed: Aug 13, 2025 | Docket: 71098947

Published

attorney’s fees, suit money, and costs,1 under section 61.16, Florida Statutes.2 In her amended motion,

Robert M. Cohen v. Katya L. Cohen N/K/A Katya Stubblefield

District Court of Appeal of Florida | Filed: Jun 18, 2025 | Docket: 70572369

Published

reasonableness of the fees. We reverse because section 61.16(1), Florida Statutes (2024), provides an exception

William Graydus v. Sandra Graydus N/K/A Sandra Bernardino

District Court of Appeal of Florida | Filed: Jun 11, 2025 | Docket: 70513226

Published

for dissolution of marriage . . . begins with section 61.16, [Florida Statutes].” Rorrer v. Orban, 215 So

Jayne Loconto v. Richard J. Loconto

District Court of Appeal of Florida | Filed: May 28, 2025 | Docket: 70387158

Published

6 With respect to the attorney’s fees, section 61.16(1), Florida Statutes (2023), provides that the

Anne-Laure Michelis v. Gina Nugent

District Court of Appeal of Florida | Filed: May 7, 2025 | Docket: 70186681

Published

family law cases where fees are awarded under section 61.16 because that statute affords trial courts broad

Tigran Abrahamyan v. Lilya Arakelyan

District Court of Appeal of Florida | Filed: Apr 30, 2025 | Docket: 69998621

Published

2 court can consider when awarding alimony); § 61.16(1), Fla. Stat. (2023) (“The court may from time

Alfonso Perez-Palma v. Nathalie Rodriguez

District Court of Appeal of Florida | Filed: Apr 30, 2025 | Docket: 69998649

Published

and modification proceedings and appeals. § 61.16(1), Fla. Stat. (2025) (emphasis added).

Rajiv Ramakrishnan v. Erika Ramakrishnan

District Court of Appeal of Florida | Filed: Apr 25, 2025 | Docket: 69942453

Published

based on the parties’ financial resources. See § 61.16(1), Fla. Stat. (2024). “The proper inquiry is whether

Kelly Lett v. Jeremy Lett

District Court of Appeal of Florida | Filed: Apr 4, 2025 | Docket: 69843650

Published

need for the award of fees, as required by section 61.16(1), Florida Statutes (2023). We disagree because

Christopher Nicholas v. Carol Nicholas

District Court of Appeal of Florida | Filed: Mar 19, 2025 | Docket: 69755646

Published

1031, 1032–33 (Fla. 2d DCA 2021). Instead, section 61.16, Florida Statutes (2022), authorizes fee awards

Thomas Reed v. Cheryl A. Reed

District Court of Appeal of Florida | Filed: Feb 19, 2025 | Docket: 69651318

Published

1222; see also § 61.16(1), Fla. Stat. (2023). “The central inquiry under section 61.16 is whether one

Heather Preisser v. Gregory Preisser

District Court of Appeal of Florida | Filed: Jan 23, 2025 | Docket: 69569436

Published

January 23, 2025 PER CURIAM. AFFIRMED. See § 61.16(1), Fla. Stat. (“The court may from time to time

Kelly A. Kranci v. Casey J. Kranci

District Court of Appeal of Florida | Filed: Nov 20, 2024 | Docket: 69393193

Published

husband’s finances mitigated against any award. Section 61.16, Florida Statutes (2019), provides that the

Luz A. Ospina-Shone v. Jason Andrew Shone

District Court of Appeal of Florida | Filed: Nov 6, 2024 | Docket: 69347461

Published

Jason Andrew Shone, attorney’s fees pursuant to § 61.16(1), Florida Statutes. Because there was not competent

Christopher A. Burr v. Mabelly Beatriz Matute Ospino

District Court of Appeal of Florida | Filed: Oct 2, 2024 | Docket: 69218171

Published

2012) (“Because the primary factors under section 61.16 require need and ability to pay, the award

Christopher A. Burr v. Mabelly Beatriz Matute Ospino

District Court of Appeal of Florida | Filed: Oct 2, 2024 | Docket: 69218171

Published

2012) (“Because the primary factors under section 61.16 require need and ability to pay, the award

Florida Department of Health v. Kenneth Woliner, M.D.

District Court of Appeal of Florida | Filed: Oct 2, 2024 | Docket: 69218534

Published

as are equitable.’ And in dissolution cases, section 61.16, Florida Statutes (2005), provides that ‘a reasonable

WILLIAM A. JULIA v. MELISSA RAMOS-BAEZ

District Court of Appeal of Florida | Filed: Aug 23, 2024 | Docket: 69074230

Published

awarded Former Wife attorneys’ fees pursuant to Section 61.16, Florida Statutes. On appeal, Former Husband

FERNANDEZ v. KIVIMAKI

District Court of Appeal of Florida | Filed: Aug 21, 2024 | Docket: 68439348

Published

the parties' financial resources under section 61.16, Florida Statutes (2021), constitutes a determination

Rebecca Zalkin v. Jeffrey Zalkin

District Court of Appeal of Florida | Filed: Aug 7, 2024 | Docket: 69021746

Published

As to an award of temporary attorney’s fees, section 61.16(1), Florida Statutes (2023), provides: “The

Jorge Conde-Berrocal v. Jennifer F. Conde

District Court of Appeal of Florida | Filed: Jun 21, 2024 | Docket: 68873930

Published

14 So. 3d at 1117 (explaining the purpose of section 61.16, Florida Statutes, relating to the attorney’s

Jason Richard Baumann v. Sara Cardona Agudelo

District Court of Appeal of Florida | Filed: May 8, 2024 | Docket: 68048318

Published

award attorneys’ fees and costs pursuant to section 61.16, notwithstanding any agreement between the

JAY MARC O'HAIR v. BRENDA LOU O'HAIR

District Court of Appeal of Florida | Filed: Apr 4, 2024 | Docket: 68409407

Published

award of such fees under the governing statute—section 61.16(1), Florida Statutes—is not dependent on who

Haslauer v. Haslauer

District Court of Appeal of Florida | Filed: Mar 6, 2024 | Docket: 68313502

Published

entitlement to attorney’s fees pursuant to section 61.16, Florida Statutes, we vacate the fee order.

Einath Bach Levy v. Samuel Salomon Levy

District Court of Appeal of Florida | Filed: Mar 6, 2024 | Docket: 68313513

Published

Husband’s ability to pay them, consistent with section 61.16 of the Florida Statutes, the trial court conducted

Michelle Pimienta v. David Abraham Rosenfeld

District Court of Appeal of Florida | Filed: Feb 28, 2024 | Docket: 68290245

Published

based on the Father’s greater ability to pay. Section 61.16(1), Florida Statutes, requires that the trial

Mishelle Addys Perdomo Vindel v. Scott Aron Stewart

District Court of Appeal of Florida | Filed: Feb 7, 2024 | Docket: 68230488

Published

without making the requisite findings under section 61.16, Florida Statutes (2021). We remand for further

Einath Bach Levy v. Samuel Salomon Levy

District Court of Appeal of Florida | Filed: Jan 31, 2024 | Docket: 68096220

Published

fees and to order the payment of costs under section 61.16, Florida Statutes, is reviewed for abuse of

ESTHER ALARCON v. SETH DAGEN

District Court of Appeal of Florida | Filed: Nov 1, 2023 | Docket: 67934543

Published

resources of the parties, as required under section 61.16(1), Florida Statutes (2022), and Rosen v. Rosen

MAX MOLLERSTROM v. MILEYDIS ZAMBRANA o/b/o M.M., a minor

District Court of Appeal of Florida | Filed: Aug 30, 2023 | Docket: 67744029

Published

distinguishable because “the Helinski matter [wa]s a [section] 61.16 … proceeding that involved post[-]judgment

FRANK E. POLO v. MERLIN HERNANDEZ

District Court of Appeal of Florida | Filed: Aug 30, 2023 | Docket: 67743703

Published

accord with the considerations set forth in section 61.16(1), Florida Statutes (2023). Hence, the thirty-day

WILLIAM S. DUNSON, III vs JESSICA DUNSON

District Court of Appeal of Florida | Filed: Aug 18, 2023 | Docket: 68034316

Published

also made section 61.16 findings about Mother and Father’s financial resources. See § 61.16(1), Fla.

ESTRELLA O. ERNFRIDSSON vs TERRY J. WARD, SR.

District Court of Appeal of Florida | Filed: Jul 7, 2023 | Docket: 66698532

Published

factor to be considered when awarding fees under section 61.16, Florida Statutes . . . , a trial court may

EDMOND SANTIAGO vs SHAYNNA LEANNE POSEY

District Court of Appeal of Florida | Filed: Mar 2, 2023 | Docket: 68034761

Published

in Appellee’s motion for attorney’s fees is section 61.16, Florida Statutes (2022). This statute authorizes

JACQUELINE VARNER vs BRIAN VARNER

District Court of Appeal of Florida | Filed: Feb 17, 2023 | Docket: 67173921

Published

establishes her entitlement to them under section 61.16, Florida Statutes. See Abouzaid v. Helmy, 326

PAUL ERNEST VARCHETTI v. JULIE ANNE VARCHETTI

District Court of Appeal of Florida | Filed: Jan 18, 2023 | Docket: 66738078

Published

reasonable attorneys’ fees and costs pursuant to Section 61.16 of the Florida Statutes.” (emphasis omitted)

PAUL ERNEST VARCHETTI v. JULIE ANNE VARCHETTI

District Court of Appeal of Florida | Filed: Jan 18, 2023 | Docket: 66738078

Published

reasonable attorneys’ fees and costs pursuant to Section 61.16 of the Florida Statutes.” (emphasis omitted)

THOMAS MCARDLE v. COURTNEY MCARDLE

District Court of Appeal of Florida | Filed: Jan 11, 2023 | Docket: 66713639

Published

fees. The husband based his fee request on section 61.16, Florida Statutes (2021), and the court’s inherent

JOSEPH FETCHICK, III vs MICHELLE MONIQUE FETCHICK

District Court of Appeal of Florida | Filed: Aug 26, 2022 | Docket: 60334854

Published

amount owed. In doing so, Father highlighted section 61.16(1), Florida Statutes (2021), which provides

MARTIN E. O'BOYLE v. TOWN OF GULF STREAM

District Court of Appeal of Florida | Filed: Jun 1, 2022 | Docket: 63352047

Published

including: (1) when fees are awarded under section 61.16, which affords trial courts wide discretion

ASAF HASSON v. ADI HASSON

District Court of Appeal of Florida | Filed: May 25, 2022 | Docket: 63335827

Published

competent, substantial evidence.” Id. Additionally, section 61.16(1), Florida Statutes (2021), requires a court

YVES MOQUIN v. SYLVIE BERGERON

District Court of Appeal of Florida | Filed: May 11, 2022 | Docket: 63301696

Published

marriage, support, or child custody begins with section 61.16, Florida Statutes.” Rosen v. Rosen, 696 So.

ISABEL ALVAREZ v. SANDER ANDRES SALAZAR

District Court of Appeal of Florida | Filed: Feb 9, 2022 | Docket: 62984887

Published

awarded Former Husband attorney’s fees under section 61.16, Florida Statutes (2020), and Rosen v. Rosen

JUAN M. ALVAREZ v. LINA PAOLA JIMENEZ

District Court of Appeal of Florida | Filed: Dec 1, 2021 | Docket: 61585918

Published

entitled to an award of attorney’s fees under section 61.16, Florida Statutes (2021). While both statutes

Samuel Salomon Levy v. Einath Bach Levy

Supreme Court of Florida | Filed: Oct 7, 2021 | Docket: 60630460

Published

statute applicable to family law matters. See § 61.16, Fla. Stat. (2017).

John R. Stevens, Former Husband v. Kim Travers, Former Wife

District Court of Appeal of Florida | Filed: Sep 15, 2021 | Docket: 60386698

Published

whether either party has the ability to pay”); § 61.16(6), Fla. Stat. (requiring court to consider both

NICOLAOS MALLAS v. GEORGE V. MALLAS

District Court of Appeal of Florida | Filed: Aug 18, 2021 | Docket: 60199085

Published

award of fees for fees was permissible under section 61.16 after analyzing the following language in the

KIMBERLY FREEBORN v. ROBERT FREEBORN

District Court of Appeal of Florida | Filed: May 19, 2021 | Docket: 59918000

Published

cannot deny a request for attorney’s fees under section 61.16 without making findings as to one party’s ability

HAROLD GUNNAR JOHANSSON v. JACQUELYN JOHANSSON n/k/a JACQUELYN PUTT

District Court of Appeal of Florida | Filed: Apr 1, 2020 | Docket: 17033716

Published

instituted under chapter 61, Florida Statues, section 61.16(1) governs the imposition of fees and costs

JEREMY OFFICE v. SHERRY OFFICE

District Court of Appeal of Florida | Filed: Jan 8, 2020 | Docket: 16667093

Published

2d 181, 182 (Fla. 4th DCA 2002) (citing to section 61.16, Florida Statutes (1999)). Although the trial

Dorothea C. Fleming, Wife v. James L. Fleming, Husband

District Court of Appeal of Florida | Filed: Aug 29, 2019 | Docket: 16128155

Published

have explained, an attorney’s fee award under section 61.16, Florida Statutes, must include specific findings

Renee Marie Hollonbeck n/k/a Renee Marie Turley former wife v. Sean Andrew Hollonbeck, former husband

District Court of Appeal of Florida | Filed: Aug 13, 2019 | Docket: 16049251

Published

determining whether and how much to award fees under section 61.16(1), Florida Statutes, “the financial resources

CYNTHIA MAE ALLEN v. EDWARD JUUL

District Court of Appeal of Florida | Filed: Aug 9, 2019 | Docket: 16037355

Published

Wife's request for attorney's fees under section 61.16, Florida Statutes (2017); the trial court failed

Manko v. Manko

275 So. 3d 849

District Court of Appeal of Florida | Filed: Jul 23, 2019 | Docket: 64719928

Published

must consider need and ability to pay under section 61.16, Florida Statutes, *850in order to award attorney's

Manko v. Manko

275 So. 3d 849

District Court of Appeal of Florida | Filed: Jul 23, 2019 | Docket: 64719927

Published

must consider need and ability to pay under section 61.16, Florida Statutes, *850in order to award attorney's

Stephen Miron v. Amy Richardson

District Court of Appeal of Florida | Filed: Jul 16, 2019 | Docket: 15922216

Published

Appellee’s attorney’s fees and costs pursuant to section 61.16, Florida Statutes (2017). He raises several

LARRY B. INGRAM v. LINDA S. INGRAM

District Court of Appeal of Florida | Filed: Jul 10, 2019 | Docket: 15897420

Published

fees in a dissolution case are governed by section 61.16, Florida Statutes [(2017)], which requires

RAMESH GUDUR v. KAVITHA GUDUR

District Court of Appeal of Florida | Filed: Jun 28, 2019 | Docket: 15851914

Published

deny a request for attorney's fees under section 61.16 without making findings as to one party's

EDMUND ACCARDI v. CHARLOTTE ACCARDI

District Court of Appeal of Florida | Filed: Jun 12, 2019 | Docket: 15762837

Published

“the financial resources of both parties.” See § 61.16(1), Fla. Stat. (2018). “A trial court cannot award

DON DU PERAULT v. TATIANA DU PERAULT

270 So. 3d 424

District Court of Appeal of Florida | Filed: May 1, 2019 | Docket: 15034061

Published

of the default and enforcement of same.” Section 61.16, Florida Statutes (2018), governs the issue

R.M.A. v. J.A.S.

269 So. 3d 649

District Court of Appeal of Florida | Filed: Apr 26, 2019 | Docket: 64712533

Published

erred by only awarding de minimis payments. Section 61.16, Florida Statutes (2018), governs the determination

R. M. A. v. J. A. S.

District Court of Appeal of Florida | Filed: Apr 26, 2019 | Docket: 15005006

Published

awarding de minimis payments. Section 61.16, Florida Statutes (2018), governs the determination

CHERYL PELPHREY - WEIGAND v. ROBERT K. WEIGAND

District Court of Appeal of Florida | Filed: Apr 17, 2019 | Docket: 14950632

Published

the new motion alleged his entitlement under section 61.16, Florida Statutes (2016). He later amended this

DAVID L. DOOD v. LORI L. DOOD

268 So. 3d 254

District Court of Appeal of Florida | Filed: Apr 12, 2019 | Docket: 14925790

Published

fees in a dissolution proceeding pursuant to section 61.16 and Rosen [v. Rosen, 696 So. 2d 697 (Fla. 1997)]

Glenn Charles Dorsey, II, Former Husband v. Paula Rae Dorsey, Former Wife

266 So. 3d 1282

District Court of Appeal of Florida | Filed: Apr 3, 2019 | Docket: 14865380

Published

between the parties, as contemplated under section 61.16, Florida Statutes (2017). She argues that the

Mattison v. Mattison

266 So. 3d 258

District Court of Appeal of Florida | Filed: Mar 8, 2019 | Docket: 64707680

Published

Husband establishes his entitlement pursuant to section 61.16, Florida Statutes, the trial court is authorized

Mattison v. Mattison

266 So. 3d 258

District Court of Appeal of Florida | Filed: Mar 8, 2019 | Docket: 64707679

Published

Husband establishes his entitlement pursuant to section 61.16, Florida Statutes, the trial court is authorized

ERIN W. PHILLIPS v. DONALD E. PHILLIPS

264 So. 3d 1129

District Court of Appeal of Florida | Filed: Feb 20, 2019 | Docket: 14560206

Published

the trial court's order. Section 61.16(1), Florida Statutes (2017), permits the trial

Firuza Sarazin v. Ratko John Sarazin

263 So. 3d 273

District Court of Appeal of Florida | Filed: Feb 5, 2019 | Docket: 14534783

Published

considerations for an award of attorney’s fees under section 61.16, Florida Statutes, are the party’s need and

Walsh v. Walsh

262 So. 3d 212

District Court of Appeal of Florida | Filed: Dec 14, 2018 | Docket: 64701377

Published

Wife's request for attorney's fees pursuant to section 61.16, Florida Statutes. As previously explained,

Wiendl v. Wiendl

255 So. 3d 836

District Court of Appeal of Florida | Filed: Oct 19, 2018 | Docket: 64689447

Published

wife establishes her entitlement pursuant to section 61.16, Florida Statutes (2007), and Rosen v. Rosen

Arthur Collin Cherry v. Katherine Hiett Viker

254 So. 3d 1184

District Court of Appeal of Florida | Filed: Sep 25, 2018 | Docket: 7927601

Published

she could prove her entitlement pursuant to section 61.16, Florida Statutes, and Rosen v. Rosen, 696 So

ROY STEWART STEIN v. YVONNE STEIN

254 So. 3d 1025

District Court of Appeal of Florida | Filed: Sep 12, 2018 | Docket: 7863694

Published

fees for the civil theft claim. Pursuant to section 61.16, Florida Statutes, a trial court “may from time

Haskell v. Haskell

245 So. 3d 707

District Court of Appeal of Florida | Filed: May 25, 2018 | Docket: 64680077

Published

respondent establishes her entitlement pursuant to section 61.16, Florida Statutes (2013), and Rosen v. Rosen

John Milton Stricklin v. Kimberly Rae Stricklin

247 So. 3d 96

District Court of Appeal of Florida | Filed: May 25, 2018 | Docket: 6915078

Published

“reasonable amount for attorney’s fees” under section 61.16(1), Florida Statutes, requires only that the

Jack E. De La Piedra, Husband v. Katherine M. De La Piedra, Wife

243 So. 3d 1052

District Court of Appeal of Florida | Filed: Apr 25, 2018 | Docket: 6375139

Published

considerations for an award of attorney’s fees under section 61.16, Florida Statutes, are the party’s need and

Robert E. Burnett, Jr. v. Linda M. Burnett

237 So. 3d 447

District Court of Appeal of Florida | Filed: Feb 4, 2018 | Docket: 6292408

Published

considerations for an award of attorney’s fees under section 61.16, Florida Statues, are the party’s need and the

Mahmoud Nassirou v. Nellie N'Gessan Borba

236 So. 3d 1180

District Court of Appeal of Florida | Filed: Feb 4, 2018 | Docket: 6292409

Published

regarding each party’s need and ability to pay. § 61.16, Fla. Stat. (2017); see also Sumlar v. Sumlar,

McNulty v. Bowser

District Court of Appeal of Florida | Filed: Jan 1, 2018 | Docket: 6259627

Published

to the first sentence of the 1991 version of section 61.16, Florida Statutes, applicable in dissolution

DAVID STEPHEN REIDY v. LIUDMYLA Y. REIDY

District Court of Appeal of Florida | Filed: Dec 20, 2017 | Docket: 6244890

Published

address a temporary award post-dissolution. Section 61.16(1), Florida Statutes (2017), provides for attorney’s

Chittim v. Chittim

230 So. 3d 966

District Court of Appeal of Florida | Filed: Nov 29, 2017 | Docket: 6232644

Published

(the fee award) pursuant to her request under section 61.16, Florida Statutes (2012), and Rosen v. Rosen

Cleary v. Cleary

District Court of Appeal of Florida | Filed: Nov 3, 2017 | Docket: 6185394

Published

of the Former Husband, whether it might be section 61.16, Florida Statutes (2016), Rosen v. Rosen, 696

Nancy Smith Schroll, Former Wife v. Stephen B. Schroll, Former Husband

227 So. 3d 232, 2017 Fla. App. LEXIS 14024, 2017 WL 4448524

District Court of Appeal of Florida | Filed: Oct 6, 2017 | Docket: 6165236

Published

entitlement. to attorney’s fees pursuant to section 61,16(1), Florida Statutes, ..based on the extent

Ortiz v. Ortiz

227 So. 3d 730, 2017 WL 4158857

District Court of Appeal of Florida | Filed: Sep 20, 2017 | Docket: 6155331

Published

Derrevere, 899 So.2d 1152, 1153 (Fla. 4th DCA 2005); § 61.16, Fla. Stat. (2016). After making that determination

TROY W. KLEIN v. ALAN D. ROMAN AND DEBORAH W. ROMAN

226 So. 3d 955, 2017 WL 3888039, 2017 Fla. App. LEXIS 12914

District Court of Appeal of Florida | Filed: Sep 6, 2017 | Docket: 6148161

Published

Even if the issue had been preserved, Section 61.16(1), Florida Statutes (2016), appears to control

GARY L. SMITH v. VERNIA SMITH

226 So. 3d 948, 2017 Fla. App. LEXIS 12477, 2017 WL 3730355

District Court of Appeal of Florida | Filed: Aug 30, 2017 | Docket: 6145385

Published

Former Husband’s ability to pay the fees award. Section 61.16(1), Florida Statutes (2016), requires the trial

Viscito v. Viscito

225 So. 3d 959, 2017 Fla. App. LEXIS 12036, 2017 WL 3611549

District Court of Appeal of Florida | Filed: Aug 23, 2017 | Docket: 6142250

Published

Rosen, 696 So.2d 697, 700 (Fla. 1997), and section 61.16, Florida Statutes (2016). Our order of

RENEE SPECTOR v. ROBERT L. SPECTOR, ROBERT L. SPECTOR, P.A.

District Court of Appeal of Florida | Filed: Jul 12, 2017 | Docket: 6088819

Published

appellate attorney’s fees and costs. She cited to section 61.16, Florida Statutes and Florida Rule of Appellate

Chittim v. Chittim

District Court of Appeal of Florida | Filed: Jun 30, 2017 | Docket: 6082860

Published

(the fee award) pursuant to her request under section 61.16, Florida Statutes (2012), and Rosen v. Rosen

David v. David

220 So. 3d 1284, 2017 WL 2790706, 2017 Fla. App. LEXIS 9296

District Court of Appeal of Florida | Filed: Jun 27, 2017 | Docket: 60267191

Published

(“The purpose of an attorney’s fee award under section 61.16, Florida Statutes ... is to ensure that both

Richards v. Weber

221 So. 3d 714, 2017 Fla. App. LEXIS 7389, 2017 WL 2270126

District Court of Appeal of Florida | Filed: May 24, 2017 | Docket: 6065456

Published

Former Wife’s attorney’s fees and costs. Section 61.16(1), Florida Statutes (2016), requires that the

Stephens v. Whittaker

220 So. 3d 488, 2017 WL 1548030, 2017 Fla. App. LEXIS 5939

District Court of Appeal of Florida | Filed: Apr 28, 2017 | Docket: 6058982

Published

without making specific factual findings under section 61.16, Florida Statutes (2015), regarding the parties’

Myrick v. Myrick

214 So. 3d 769, 2017 Fla. App. LEXIS 3971

District Court of Appeal of Florida | Filed: Mar 24, 2017 | Docket: 4621423

Published

took in this case.” The motion did not mention section 61.16, Florida Statutes (2014), Rosen v. Rosen, 696

Morgan v. Morgan

213 So. 3d 378, 2017 WL 192033, 2017 Fla. App. LEXIS 493

District Court of Appeal of Florida | Filed: Jan 18, 2017 | Docket: 60263510

Published

899 So.2d 1152, 1153 (Fla. 4th DCA 2005). Section 61.16(1), Florida Statutes, provides that a trial

Ter Keurst v. Ter Keurst

202 So. 3d 123, 2016 Fla. App. LEXIS 15237

District Court of Appeal of Florida | Filed: Oct 14, 2016 | Docket: 4479200

Published

discretion in refusing to award him attorney’s fees. Section 61.16(1) provides that a “court may from time to time

Benjamin Aaron Street v. Heather Mary Street

District Court of Appeal of Florida | Filed: Sep 25, 2016 | Docket: 4425533

Published

husband’s ability to pay were considered. See § 61.16, Fla. Stat. (2015) (providing for fees upon consideration

Street v. Street

198 So. 3d 1160, 2016 Fla. App. LEXIS 13488, 2016 WL 4708567

District Court of Appeal of Florida | Filed: Sep 8, 2016 | Docket: 60256422

Published

husband’s ability to pay were considered. See § 61.16, Fla. Stat. (2015) (providing for fees upon consideration

Arthur Collin Cherry v. Katherine Hiett Viker

197 So. 3d 1292, 2016 Fla. App. LEXIS 13345

District Court of Appeal of Florida | Filed: Sep 6, 2016 | Docket: 4419312

Published

2012) (“An award of attorney’s fees pursuant to section 61.16 must be based on the need of the party seeking

Nancy Palmer, n/k/a Nancy Walgis v. Danny Palmer

206 So. 3d 74, 2016 Fla. App. LEXIS 12056

District Court of Appeal of Florida | Filed: Aug 9, 2016 | Docket: 4117974

Published

the former husband’s settlement offer. Section 61.16, Florida Statutes (2011), states in pertinent

Hall v. Lopez

213 So. 3d 1003, 2016 Fla. App. LEXIS 11493

District Court of Appeal of Florida | Filed: Jul 28, 2016 | Docket: 60263429

Published

and in a footnote emphasized the language in section 61.16(1), Florida Statutes, permitting an award of

Powers v. Powers

193 So. 3d 1047, 2016 WL 3216555, 2016 Fla. App. LEXIS 8946

District Court of Appeal of Florida | Filed: Jun 10, 2016 | Docket: 3077244

Published

request for attorneys’ fees and costs. Section 61.16, Florida Statutes (2014), governs attorneys’

Reginald J. Nolan v. Karen D. Nolan

188 So. 3d 977, 2016 Fla. App. LEXIS 5796, 2016 WL 1534079

District Court of Appeal of Florida | Filed: Apr 15, 2016 | Docket: 3058401

Published

awarded. As to the attorney’s fee award, section 61.16, Florida Statutes (2015), al *980

Dieter Nagl v. Monika Navarro

187 So. 3d 359, 2016 Fla. App. LEXIS 4115, 2016 WL 1039172

District Court of Appeal of Florida | Filed: Mar 16, 2016 | Docket: 3044828

Published

696 So.2d at 698. The father argues section 61.16, Florida Statutes (2013), governs here, while

Rufus Hutchinson v. Hattie P. Hutchinson

185 So. 3d 528

District Court of Appeal of Florida | Filed: Oct 20, 2015 | Docket: 2991522

Published

an abuse of discretion and is controlled by section 61.16, Florida Statutes. Mitchell v. Mitchell

Carole Ann Berg v. Roy Timothy Young

175 So. 3d 863, 2015 Fla. App. LEXIS 13077, 2015 WL 5125418

District Court of Appeal of Florida | Filed: Sep 2, 2015 | Docket: 2690050

Published

also requested additional fees pursuant to section 61.16, Florida Statutes. Prior to the final hearing

Denise Chianese v. Gregory A. Brady

174 So. 3d 450, 2015 Fla. App. LEXIS 11732, 2015 WL 4637121

District Court of Appeal of Florida | Filed: Aug 5, 2015 | Docket: 2681914

Published

fees before ordering a party to pay fees. See § 61.16, Fla. Stat. (2014); Duncan v. Duncan, 642 So.2d

Edgar v. Firuta

165 So. 3d 758, 2015 Fla. App. LEXIS 7558, 40 Fla. L. Weekly Fed. D 1184

District Court of Appeal of Florida | Filed: May 20, 2015 | Docket: 2658324

Published

the appropriate analysis in this regard: Section 61.16 constitutes a broad grant of discretion, the

Edgar v. Firuta

165 So. 3d 758, 2015 Fla. App. LEXIS 7558, 40 Fla. L. Weekly Fed. D 1184

District Court of Appeal of Florida | Filed: May 20, 2015 | Docket: 2658324

Published

the appropriate analysis in this regard: Section 61.16 constitutes a broad grant of discretion, the

Chris Beckstrom v. Julie Beckstrom

183 So. 3d 1067, 2015 Fla. App. LEXIS 6317, 2015 WL 1934574

District Court of Appeal of Florida | Filed: Apr 29, 2015 | Docket: 2679372

Published

payment plan. 1 The former wife argues section 61.16, Florida Statutes, does not require specific

Patricia Joseph Sisca v. Charles Angelo Sisca

165 So. 3d 689, 2015 Fla. App. LEXIS 5861

District Court of Appeal of Florida | Filed: Apr 22, 2015 | Docket: 2679379

Published

issue. Attorney’s fees are awardable under section 61.16, Florida Statutes, only where there is both

Florida Department of Revenue Ex Rel. James v. James

159 So. 3d 973, 2015 Fla. App. LEXIS 3837

District Court of Appeal of Florida | Filed: Mar 18, 2015 | Docket: 2642416

Published

and participated in the proceedings). Section 61.16(1), Florida Statutes (2011), limits attorney’s

Martin Wiesenthal v. Yvonne L. Wiesenthal

154 So. 3d 484, 2015 Fla. App. LEXIS 178

District Court of Appeal of Florida | Filed: Jan 7, 2015 | Docket: 2621549

Published

factual findings are “critical” in awarding section 61.16 fees and absence of such findings hampers appellate

Lori A. Ford v. Michael Withers Ford

153 So. 3d 315, 2014 Fla. App. LEXIS 19525, 2014 WL 6674771

District Court of Appeal of Florida | Filed: Nov 26, 2014 | Docket: 2609437

Published

explains why the “need and ability to pay” test of section 61.16(1) does not apply here: This statutory power

Garvey v. Garvey

138 So. 3d 1115, 2014 WL 1908811, 2014 Fla. App. LEXIS 7112

District Court of Appeal of Florida | Filed: May 14, 2014 | Docket: 60240487

Published

addressing the issue raised in this case. . Section 61.16(1), Florida Statutes (2011), provides in part

Bradham v. Bradham

120 So. 3d 1274, 2013 WL 5269765, 2013 Fla. App. LEXIS 14863

District Court of Appeal of Florida | Filed: Sep 18, 2013 | Docket: 60233909

Published

order to support an award under this chapter. § 61.16(1), Fla. Stat. (2012). Furthermore, in Norman v

Hardman v. Koslowski

107 So. 3d 1246, 2013 WL 692827, 2013 Fla. App. LEXIS 3147

District Court of Appeal of Florida | Filed: Feb 27, 2013 | Docket: 60228617

Published

pay before imposing this monetary sanction. See § 61.16(2), Fla. Stat.; Hunt v. Hunt, 855 So.2d 1181 (Fla

Quintero v. Rodriguez

113 So. 3d 956, 2013 Fla. App. LEXIS 2418, 2013 WL 557191

District Court of Appeal of Florida | Filed: Feb 15, 2013 | Docket: 60231667

Published

former wife her reasonable attorney’s fees. See § 61.16, Fla. Stat. (2010). AFFIRMED in part; REVERSED

Davis v. Davis

108 So. 3d 660, 2013 WL 461875, 2013 Fla. App. LEXIS 2004

District Court of Appeal of Florida | Filed: Feb 8, 2013 | Docket: 60229193

Published

1197, 1205 (Fla.1980) (explaining purpose of section 61.16, Florida Statutes, is “to ensure that both parties

Shawfrank v. Shawfrank

97 So. 3d 934, 2012 WL 3870624, 2012 Fla. App. LEXIS 14980

District Court of Appeal of Florida | Filed: Sep 7, 2012 | Docket: 60312013

Published

Supreme Court instructed that “[t]he purpose of [section 61.16, Florida Statutes] is to ensure that both parties

Williams v. Williams

93 So. 3d 1178, 2012 WL 3139584, 2012 Fla. App. LEXIS 12614

District Court of Appeal of Florida | Filed: Aug 3, 2012 | Docket: 60310478

Published

appropriateness of any reduction or enhancement factors. § 61.16, Fla. Stat.; Giovanini v. Giovanini, 89 So.3d 280

Huebner v. Huebner

93 So. 3d 470, 2012 WL 2946494, 2012 Fla. App. LEXIS 11742

District Court of Appeal of Florida | Filed: Jul 20, 2012 | Docket: 60310609

Published

respects except that I do not conclude that section 61.16, Florida Statutes (2007), gives this court authority

Randazzo v. Randazzo

89 So. 3d 984, 2012 WL 1605240, 2012 Fla. App. LEXIS 7298

District Court of Appeal of Florida | Filed: May 9, 2012 | Docket: 60308870

Published

husband’s attorney’s fees and costs. Citing section 61.16, Florida Statutes (2009), Rosen v. Rosen, 696

Randazzo v. Randazzo

89 So. 3d 984, 2012 WL 1605240, 2012 Fla. App. LEXIS 7298

District Court of Appeal of Florida | Filed: May 9, 2012 | Docket: 60308870

Published

husband’s attorney’s fees and costs. Citing section 61.16, Florida Statutes (2009), Rosen v. Rosen, 696

Mincy v. Mincy

66 So. 3d 1075, 2011 Fla. App. LEXIS 12301, 2011 WL 3359636

District Court of Appeal of Florida | Filed: Aug 5, 2011 | Docket: 60301826

Published

regarding the reasonableness of those awards. See § 61.16(1), Fla. Stat. (2010) (“The court may from time

Levine v. Horwitz

67 So. 3d 1145, 2011 Fla. App. LEXIS 12096, 2011 WL 3300243

District Court of Appeal of Florida | Filed: Aug 3, 2011 | Docket: 2354296

Published

application for temporary attorney's fees under section 61.16 of the Florida Statutes abated upon Reale's

Robinson v. Robinson

82 So. 3d 893, 2011 Fla. App. LEXIS 9621, 2011 WL 2462698

District Court of Appeal of Florida | Filed: Jun 22, 2011 | Docket: 333463

Published

attorney's fees is need and ability to pay. See § 61.16, Fla. Stat.; Von Baillou v. Von Baillou, 959 So

M.J.I. v. A.J.K.

55 So. 3d 732

District Court of Appeal of Florida | Filed: Mar 9, 2011 | Docket: 60298445

Published

not apply in this case. My concern is that section 61.16, Florida Statutes (2008), would allow for an

Mji v. Ajk

55 So. 3d 732, 2011 Fla. App. LEXIS 3090, 2011 WL 801969

District Court of Appeal of Florida | Filed: Mar 9, 2011 | Docket: 2586359

Published

not apply in this case. My concern is that section 61.16, Florida Statutes (2008), would allow for an

Morrison v. Morrison

60 So. 3d 410, 2011 Fla. App. LEXIS 1575, 2011 WL 478711

District Court of Appeal of Florida | Filed: Feb 11, 2011 | Docket: 60300202

Published

this opinion. IV. Attorney’s Fees Pursuant to section 61.16, Florida Statutes (2007), a trial court may

Lee v. Lee

56 So. 3d 819, 2011 Fla. App. LEXIS 583, 2011 WL 252728

District Court of Appeal of Florida | Filed: Jan 28, 2011 | Docket: 60298656

Published

need and ability to pay in accordance with section 61.16. Because the cumulative deficiencies of the

McQuaig v. McQuaig

36 So. 3d 801, 2010 Fla. App. LEXIS 7313, 2010 WL 2077163

District Court of Appeal of Florida | Filed: May 26, 2010 | Docket: 1639088

Published

considering the parties' financial resources. § 61.16(1), Fla. Stat. (2008). But "[w]here there is a

Doll v. Doll

28 So. 3d 233, 2010 Fla. App. LEXIS 2224, 2010 WL 669748

District Court of Appeal of Florida | Filed: Feb 26, 2010 | Docket: 1652665

Published

filed a motion for attorney's fees pursuant to section 61.16, Florida Statutes (2007). The motion alleged

George v. George

32 So. 3d 651, 2010 Fla. App. LEXIS 1808, 2010 WL 572521

District Court of Appeal of Florida | Filed: Feb 19, 2010 | Docket: 1197806

Published

she establishes her entitlement pursuant to section 61.16, Florida Statutes (2008), the trial court is

Jaffe v. Jaffe

17 So. 3d 1251, 2009 Fla. App. LEXIS 13485, 2009 WL 2900447

District Court of Appeal of Florida | Filed: Sep 11, 2009 | Docket: 1686277

Published

sufficient to ensure the primary concern of section 61.16, Florida Statutes: that both parties have similar

McMillan v. McMillan

977 So. 2d 655, 2008 WL 397338

District Court of Appeal of Florida | Filed: Feb 15, 2008 | Docket: 1529565

Published

alimony amount. Former Wife's Attorneys' Fees Section 61.16, Florida Statutes, grants the trial court broad

Avellone v. Avellone

973 So. 2d 1171, 2007 WL 2981905

District Court of Appeal of Florida | Filed: Oct 15, 2007 | Docket: 1293185

Published

the $4,000 retainer. This was error. Although section 61.16(1), Florida Statutes (2006), provides that a

Martin v. Martin

959 So. 2d 803, 2007 Fla. App. LEXIS 9955, 2007 WL 1827224

District Court of Appeal of Florida | Filed: Jun 27, 2007 | Docket: 64851434

Published

arrangements.1 Attorney’s Fees and Costs Pursuant to section 61.16, Florida Statutes, a trial court may order one

Department of Revenue ex rel. Satchell v. Satchell

949 So. 2d 1116, 2007 Fla. App. LEXIS 2318, 2007 WL 505262

District Court of Appeal of Florida | Filed: Feb 20, 2007 | Docket: 64849506

Published

IV-D of the Social Security Act. Pursuant to section 61.16(1), Florida Statutes (2001), a prevailing obligor

Demorizi v. Demorizi

950 So. 2d 461, 2007 Fla. App. LEXIS 1780, 2007 WL 465593

District Court of Appeal of Florida | Filed: Feb 14, 2007 | Docket: 64849592

Published

nature of enforcement proceedings pursuant to section 61.16(1), Florida Statutes (2005). Thus, in this case

Estate of Basalyga v. Estate of Basalyga

949 So. 2d 251, 2007 Fla. App. LEXIS 677, 2007 WL 162751

District Court of Appeal of Florida | Filed: Jan 24, 2007 | Docket: 64849273

Published

statutory attorney fees to a litigant under section 61.16 of Florida’s dissolution statutes, the “primary

PUBILLONES v. Lyons

943 So. 2d 881, 2006 WL 3375349

District Court of Appeal of Florida | Filed: Nov 22, 2006 | Docket: 1526925

Published

and costs in family law cases is governed by section 61.16(1), Florida Statutes (2004), which makes the

Joachim v. Joachim

942 So. 2d 3, 2006 WL 2706059

District Court of Appeal of Florida | Filed: Sep 22, 2006 | Docket: 1471262

Published

891 So.2d 1140, 1141-42 (Fla. 4th DCA 2005). Section 61.16, Florida Statutes, should be liberally, not

Bogos v. Bogos

952 So. 2d 528, 2006 WL 2457481

District Court of Appeal of Florida | Filed: Aug 25, 2006 | Docket: 1703420

Published

whether she was entitled to the fees pursuant to section 61.16, Florida Statutes (2001), and to determine the

Peterson v. DeLuca

936 So. 2d 752, 2006 Fla. App. LEXIS 14043, 2006 WL 2419021

District Court of Appeal of Florida | Filed: Aug 23, 2006 | Docket: 64846349

Published

marriage, support, or child custody begins with section 61.16, Florida Statutes (1995).” Rosen v. Rosen, 696

Bode v. Bode

920 So. 2d 841, 2006 Fla. App. LEXIS 2281, 2006 WL 399231

District Court of Appeal of Florida | Filed: Feb 22, 2006 | Docket: 64842385

Published

overturn an award of attorney’s fees. See id. Section 61.16 governs any determination regarding an appropriate

Pierandozzi v. Perry

910 So. 2d 295, 2005 Fla. App. LEXIS 12004, 2005 WL 1812714

District Court of Appeal of Florida | Filed: Aug 3, 2005 | Docket: 64840290

Published

determination of an award of attorney’s fees under section 61.16, Florida Statutes. Affirmed in part; reversed

Levenshon v. Levenshon

907 So. 2d 602, 2005 Fla. App. LEXIS 11088, 2005 WL 1680745

District Court of Appeal of Florida | Filed: Jul 20, 2005 | Docket: 64839678

Published

litigation to be paid by Ira under Fla. Stat. § 61.16. . And after, as was technically unknown to, although

Amendments to the Florida Family Law Rules of Procedure (Rule 12.525)

897 So. 2d 467, 30 Fla. L. Weekly Supp. 133, 2005 Fla. LEXIS 380, 2005 WL 487459

Supreme Court of Florida | Filed: Mar 3, 2005 | Docket: 64837183

Published

prevailing party considerations. Moreover, section 61.16, Florida Statutes (2004), already governs the

Garcia v. Garcia

900 So. 2d 606, 2005 Fla. App. LEXIS 1335, 2005 WL 293027

District Court of Appeal of Florida | Filed: Feb 9, 2005 | Docket: 64837894

Published

fee award, the conditions applicable under section 61.16 are irrelevant). We therefore reverse for addition

Rose v. Rose

883 So. 2d 348, 2004 Fla. App. LEXIS 13895, 2004 WL 2101988

District Court of Appeal of Florida | Filed: Sep 22, 2004 | Docket: 64833066

Published

attorney’s fees, and $15,000 in accounting costs. Section 61.16, Florida Statutes (2003), authorizes interim

Fischer v. Fischer

882 So. 2d 435, 2004 Fla. App. LEXIS 12496, 2004 WL 1886015

District Court of Appeal of Florida | Filed: Aug 25, 2004 | Docket: 64832538

Published

movant establishes his entitlement pursuant to section 61.16, Florida Statutes, and Rosen v. Rosen, 696 So

Torres v. Torres

883 So. 2d 839, 2004 Fla. App. LEXIS 11758, 2004 WL 1778953

District Court of Appeal of Florida | Filed: Aug 11, 2004 | Docket: 64833107

Published

is no record basis to justify this award. See § 61.16, Fla. Stat. (2004). The record fails to show that

Svadbik v. Svadbik

860 So. 2d 1011, 2003 Fla. App. LEXIS 18344, 2003 WL 22849600

District Court of Appeal of Florida | Filed: Dec 3, 2003 | Docket: 64826732

Published

PER CURIAM. Affirmed. See § 61.16, Fla. Stat. (2003); Sierra v. Sierra, 505 So.2d 432 (Fla.1987).

Hunt v. Hunt

842 So. 2d 1073, 2003 Fla. App. LEXIS 5777, 2003 WL 1936406

District Court of Appeal of Florida | Filed: Apr 25, 2003 | Docket: 64822212

Published

toward his attorney’s fees and costs pursuant to section 61.16(1), Florida Statutes (2001). Contrary to the

Moss v. Moss

829 So. 2d 302, 2002 WL 31395889

District Court of Appeal of Florida | Filed: Oct 25, 2002 | Docket: 2462063

Published

much greater ability to pay for her counsel. Section 61.16, Florida Statutes, is intended to ensure that

Patterson & Maloney v. Gumberg

828 So. 2d 403, 2002 Fla. App. LEXIS 13446, 2002 WL 31060496

District Court of Appeal of Florida | Filed: Sep 18, 2002 | Docket: 64818256

Published

costs above those determined by the court. Section 61.16, Florida Statutes, states in pertinent part:

Drewell v. Smith (In Re Smith)

273 B.R. 669, 15 Fla. L. Weekly Fed. B 86, 2002 Bankr. LEXIS 101, 2002 WL 229961

United States Bankruptcy Court, N.D. Florida | Filed: Jan 10, 2002 | Docket: 1083772

Published

relative need and ability to pay. Id. citing F.S. § 61.16(1)[1]; Hyatt v. Hyatt, 672 So.2d 74, 76 (Fla. 1st

Florida Department of Revenue ex rel. Troutman v. Troutman

805 So. 2d 56, 2001 Fla. App. LEXIS 18513, 2001 WL 1744275

District Court of Appeal of Florida | Filed: Dec 28, 2001 | Docket: 64811754

Published

obligor but not against a custodial parent. Section 61.16, Florida Statutes, provides that “[i]n Title

Clark v. Clark

802 So. 2d 478, 2001 Fla. App. LEXIS 18270, 2001 WL 1643860

District Court of Appeal of Florida | Filed: Dec 26, 2001 | Docket: 64811032

Published

continuing validity given the enactment of section 61.16, Florida Statutes, and its purpose of insuring

Cavanaugh v. Cavanaugh

800 So. 2d 315, 2001 Fla. App. LEXIS 15640, 2001 WL 1359084

District Court of Appeal of Florida | Filed: Nov 7, 2001 | Docket: 64810318

Published

award of costs and attorney’s fees pursuant to section 61.16, Florida Statutes (2000), the trial court abused

Catalano v. Catalano

802 So. 2d 1146, 2001 Fla. App. LEXIS 10936, 2001 WL 871561

District Court of Appeal of Florida | Filed: Aug 3, 2001 | Docket: 64811219

Published

accountant was both a reasonable and necessary one. See § 61.16(1), Fla. Stat. (2000) (allowing the court to make

Daugharty v. Daugharty

790 So. 2d 1113, 2001 Fla. App. LEXIS 7446, 2001 WL 568636

District Court of Appeal of Florida | Filed: May 29, 2001 | Docket: 64807233

Published

appellant, Faye Eubanks Daugharty, pursuant to section 61.16, Florida Statutes (1997). Case No. 1D00-2204

McDowell v. McDowell

770 So. 2d 1289, 2000 Fla. App. LEXIS 15174, 2000 WL 1724956

District Court of Appeal of Florida | Filed: Nov 21, 2000 | Docket: 64801648

Published

prosecuted by the former wife, or pursuant to section 61.16, Florida Statutes (1999), .should an order requiring

Gauthier v. Gauthier

768 So. 2d 1119, 2000 Fla. App. LEXIS 10272, 25 Fla. L. Weekly Fed. D 1909

District Court of Appeal of Florida | Filed: Aug 11, 2000 | Docket: 64800856

Published

determination that an offer of settlement was made. Section 61.16, Florida Statutes (1995), provides in pertinent

Alvarez v. Florida Department of Revenue

744 So. 2d 1192, 1999 Fla. App. LEXIS 14614, 1999 WL 993068

District Court of Appeal of Florida | Filed: Nov 3, 1999 | Docket: 64792221

Published

the father-defendant moved, purportedly under section 61.16, Florida Statutes (1999), to tax his attorney’s

Department of Revenue v. Wrobel

739 So. 2d 670, 1999 Fla. App. LEXIS 11525, 1999 WL 641809

District Court of Appeal of Florida | Filed: Aug 25, 1999 | Docket: 64790296

Published

it was awarding fees under section 61.16 or 57.105. However, section 61.16 was amended in 1992 providing

Tresser v. Tresser

737 So. 2d 1195, 1999 Fla. App. LEXIS 9892, 1999 WL 518549

District Court of Appeal of Florida | Filed: Jul 23, 1999 | Docket: 64789649

Published

resources of both parties,” as required by section 61.16, Florida Statutes (1995), to determine the issue

Freid v. Freid

731 So. 2d 833, 1999 Fla. App. LEXIS 5809, 1999 WL 280399

District Court of Appeal of Florida | Filed: May 7, 1999 | Docket: 64788022

Published

for making an award of attorney’s fees under section 61.16, Florida Statutes, is the financial need of

Rosa v. Rosa

723 So. 2d 312, 1998 Fla. App. LEXIS 14690, 1998 WL 796705

District Court of Appeal of Florida | Filed: Nov 18, 1998 | Docket: 64785081

Published

supreme court held that attorney’s fees under section 61.16, Florida Statutes are not limited to need and

Smallwood v. Perez

735 So. 2d 490, 1998 Fla. App. LEXIS 17274, 1998 WL 1083620

District Court of Appeal of Florida | Filed: Sep 16, 1998 | Docket: 64788843

Published

matter were pending before it at the trial level.” § 61.16(1), Fla. Stat. (1997) (emphasis added); see Fla

Freid v. Freid

717 So. 2d 145, 1998 WL 601331

District Court of Appeal of Florida | Filed: Sep 11, 1998 | Docket: 2557923

Published

attorneys fees awarded at the conclusion of the case. § 61.16; Nichols v. Nichols, 519 So.2d 620 (Fla.1988).

Harvey v. Harvey

716 So. 2d 847, 1998 Fla. App. LEXIS 11100, 1998 WL 552000

District Court of Appeal of Florida | Filed: Sep 2, 1998 | Docket: 64782478

Published

“broad” discretion to award attorney’s fees under section 61.16, Florida Statutes (1997), which is to be construed

Mazzorana v. Mazzorana

703 So. 2d 1187, 1997 Fla. App. LEXIS 14585, 1997 WL 786492

District Court of Appeal of Florida | Filed: Dec 24, 1997 | Docket: 64777933

Published

to an award of attorney’s fees pursuant to section 61.16, Florida Statutes (1995). Where the there is

Bloom v. Bloom

702 So. 2d 1318, 1997 Fla. App. LEXIS 13125, 1997 WL 716743

District Court of Appeal of Florida | Filed: Nov 19, 1997 | Docket: 64777393

Published

fees to the former wife, I believe that under section 61.16, Florida Statutes (1995), the former husband

Bryer v. Bryer

704 So. 2d 616, 1997 Fla. App. LEXIS 11891, 1997 WL 656325

District Court of Appeal of Florida | Filed: Oct 22, 1997 | Docket: 64778350

Published

Rosen v. Rosen, 696 So.2d 697 (Fla.1997) (“section 61.16 should be liberally — not restrictively— construed

Scheidell v. Beebe

693 So. 2d 630, 1997 Fla. App. LEXIS 3106, 1997 WL 149227

District Court of Appeal of Florida | Filed: Apr 2, 1997 | Docket: 64773434

Published

evidence. As such, the order is hereby affirmed. § 61.16, Fla. Stat. (1995); Sierra v. Sierra, 505 So.2d

Schneider v. Schneider

683 So. 2d 187, 1996 Fla. App. LEXIS 12234, 1996 WL 670053

District Court of Appeal of Florida | Filed: Nov 20, 1996 | Docket: 64769103

Published

either party to attorney’s fees pursuant to section 61.16, Florida Statutes (1995). We instruct the court

Wheeler v. Wheeler

679 So. 2d 31, 1996 Fla. App. LEXIS 8380, 1996 WL 457243

District Court of Appeal of Florida | Filed: Aug 14, 1996 | Docket: 64767088

Published

financial circumstances of the parties as per section 61.16, Florida Statutes, and that the proper inquiry

Strickland v. Shannon

Court of Appeals for the Eleventh Circuit | Filed: Aug 1, 1996 | Docket: 236006

Published

relative need and ability to pay. See Fla.Stat. § 61.16(1) (1993); Hyatt v. Hyatt, 672 So.2d 74

Clinton v. Carver

675 So. 2d 642, 1996 Fla. App. LEXIS 6055, 1996 WL 310277

District Court of Appeal of Florida | Filed: Jun 11, 1996 | Docket: 64765439

Published

the husband’s parents are not “parties” under section 61.16(1), Florida Statutes (1993), the trial court

Lapidus v. Weil

672 So. 2d 58, 1996 Fla. App. LEXIS 3560, 1996 WL 165415

District Court of Appeal of Florida | Filed: Apr 10, 1996 | Docket: 64764000

Published

presently before the court was ordered under section 61.16, Florida Statutes (1993), which states in pertinent

Logan v. Logan

666 So. 2d 1040, 1996 Fla. App. LEXIS 535, 1996 WL 33954

District Court of Appeal of Florida | Filed: Jan 30, 1996 | Docket: 64761733

Published

the ultimate distribution scheme in this case. § 61.16, Fla.Stat. (1993). We affirm without comment all

Powell v. Powell

665 So. 2d 1146, 1996 Fla. App. LEXIS 109, 1996 WL 6850

District Court of Appeal of Florida | Filed: Jan 10, 1996 | Docket: 64761215

Published

ease is the financial resources of the parties. § 61.16, Fla.Stat. (1993); Armstrong v. Armstrong, 628

Halberg v. Halberg

665 So. 2d 278, 1995 Fla. App. LEXIS 12485, 1995 WL 700350

District Court of Appeal of Florida | Filed: Nov 29, 1995 | Docket: 64761032

Published

considering requests for attorney’s fees. See § 61.16, Fla.Stat. (Supp. 1994). In light of the parties’

Florida Bar v. Poe

662 So. 2d 700, 20 Fla. L. Weekly Supp. 562, 1995 Fla. LEXIS 1861, 1995 WL 656403

Supreme Court of Florida | Filed: Nov 9, 1995 | Docket: 64760059

Published

GRIMES, C.J., dissents with an opinion. . See § 61.16, Fla.Stat. (1993) ("The court may from time to

Pagan v. Pagan

661 So. 2d 139, 1995 Fla. App. LEXIS 10643, 1995 WL 601323

District Court of Appeal of Florida | Filed: Oct 13, 1995 | Docket: 64759195

Published

indication that a proper request pursuant to section 61.16, Florida Statutes (Supp.1994) was presented

Amendments To Florida Rules of Appellate Procedure 9.140 & 9.600

657 So. 2d 897, 20 Fla. L. Weekly Supp. 283, 1995 Fla. LEXIS 982, 1995 WL 355581

District Court of Appeal of Florida | Filed: Jun 15, 1995 | Docket: 64757627

Published

Kennedy v. Kennedy

647 So. 2d 896, 1994 Fla. App. LEXIS 11118, 1994 WL 637634

District Court of Appeal of Florida | Filed: Nov 16, 1994 | Docket: 64753029

Published

appeal arising out of a dissolution proceeding. Section 61.16, Florida Statutes has been amended, effective

Duncan v. Duncan

642 So. 2d 1167, 1994 Fla. App. LEXIS 9295, 1994 WL 524294

District Court of Appeal of Florida | Filed: Sep 28, 1994 | Docket: 64751035

Published

for attorney’s fees and $731.89 for costs. Section 61.16, Florida Statutes (1993), expressly mandates

Natoli v. Natoli

641 So. 2d 477, 1994 Fla. App. LEXIS 8215, 1994 WL 440791

District Court of Appeal of Florida | Filed: Aug 17, 1994 | Docket: 64750406

Published

Montante, 627 So.2d 554 (Fla. 4th DCA 1993); § 61.16, Fla.Stat. (1993). Affirmed in part; reversed in

Pariser v. Pariser

636 So. 2d 741, 1993 Fla. App. LEXIS 12536, 1993 WL 530894

District Court of Appeal of Florida | Filed: Dec 22, 1993 | Docket: 64748285

Published

court’s denial of appellant’s attorney’s fees. Section 61.-16, Florida Statutes (1991), authorizes a fee

Fort v. Department of Health & Rehabilitative Services

626 So. 2d 302, 1993 Fla. App. LEXIS 11177, 1993 WL 452693

District Court of Appeal of Florida | Filed: Nov 5, 1993 | Docket: 64743911

Published

(1991). .The July 1, 1992, amendment to section 61.16, Florida Statutes (1991), contained in Chapter

Piluso v. Piluso

622 So. 2d 117, 1993 Fla. App. LEXIS 7891, 1993 WL 280521

District Court of Appeal of Florida | Filed: Jul 28, 1993 | Docket: 64698013

Published

As we pointed out in Robbie, For one thing, section 61.16 allows such applications “from time to time

Wolpowitz v. Wolpowitz

618 So. 2d 365, 1993 Fla. App. LEXIS 5625, 1993 WL 164844

District Court of Appeal of Florida | Filed: May 19, 1993 | Docket: 64696268

Published

decision to deny temporary attorney’s fees under section 61.16, Florida Statutes (1991), in this dissolution

Department of Health & Rehabilitative Services (URESA) ex rel. Cowick v. Ledford

621 So. 2d 682, 1993 Fla. App. LEXIS 3679, 1993 WL 100222

District Court of Appeal of Florida | Filed: Apr 7, 1993 | Docket: 64697751

Published

asserts that the instant award is governed by section 61.16, Florida Statutes (1991). Department of Health

Taylor v. McGregor

616 So. 2d 159, 1993 Fla. App. LEXIS 3602, 1993 WL 90536

District Court of Appeal of Florida | Filed: Mar 30, 1993 | Docket: 64695263

Published

attorney’s fees and costs under the authority of section 61.16, Florida Statutes (1989), and section 57.105

Levin v. Levin

613 So. 2d 556, 1993 Fla. App. LEXIS 1259, 1993 WL 20437

District Court of Appeal of Florida | Filed: Feb 3, 1993 | Docket: 64693984

Published

modification should be based on the criteria found in section 61.16, Florida Statutes. E.g. Mirsky v. Mirsky, 474

Department of Health & Rehabilitative Services v. Davenport

609 So. 2d 137, 1992 Fla. App. LEXIS 12089

District Court of Appeal of Florida | Filed: Dec 2, 1992 | Docket: 64692268

Published

section 57.105, Florida Statutes (1991), and section 61.16, Florida Statutes (1991), and that the trial

Giller v. Giller

609 So. 2d 686, 1992 Fla. App. LEXIS 12449, 1992 WL 353433

District Court of Appeal of Florida | Filed: Dec 1, 1992 | Docket: 64692584

Published

Bank of Tallahassee, 377 So.2d 1150 (Fla.1979); § 61.16, Fla.Stat. (1991).

Stowell v. Stowell

604 So. 2d 940, 1992 Fla. App. LEXIS 10007, 1992 WL 235356

District Court of Appeal of Florida | Filed: Sep 23, 1992 | Docket: 64669593

Published

comparable legal representation. The purpose of section 61.16, Florida Statutes, is to ensure that both parties

Kuczwanski v. Kuczwanski

602 So. 2d 623, 1992 Fla. App. LEXIS 7368, 1992 WL 153969

District Court of Appeal of Florida | Filed: Jul 8, 1992 | Docket: 64668988

Published

wife her reasonable attorney’s fees and costs. § 61.16, Fla.Stat. (1991); Zakarin v. Zakarin, 565 So.2d

Miller v. Miller

602 So. 2d 591, 1992 Fla. App. LEXIS 6528, 1992 WL 134832

District Court of Appeal of Florida | Filed: Jun 19, 1992 | Docket: 64668977

Published

costs and fees pending the appeal pursuant to section 61.-16. In that motion, she stated that she was indigent

Ragar v. Ragar

600 So. 2d 1203, 1992 Fla. App. LEXIS 5820, 1992 WL 118334

District Court of Appeal of Florida | Filed: Jun 5, 1992 | Docket: 64668538

Published

unwise and inconsistent with Florida law.' Florida Statute 61.16 plainly provides: The court may from time

Johns v. Johns

598 So. 2d 327, 1992 Fla. App. LEXIS 5814, 1992 WL 111376

District Court of Appeal of Florida | Filed: May 29, 1992 | Docket: 64667183

Published

Canakaris, the court explained that the purpose of section 61.16, which provides for an award of attorney’s fees

Schaeffer v. Schaeffer

606 So. 2d 369, 1992 Fla. App. LEXIS 5449, 1992 WL 109123

District Court of Appeal of Florida | Filed: May 26, 1992 | Docket: 64670667

Published

Martinez-Cid, 559 So.2d 1177, 1178 (Fla. 3d DCA 1990); § 61.16, Fla.Stat. (1987). The record in this case clearly

Gillette v. Gillette

587 So. 2d 634, 1991 Fla. App. LEXIS 10141, 1991 WL 205835

District Court of Appeal of Florida | Filed: Oct 15, 1991 | Docket: 64662312

Published

considering the financial resources of both parties_” § 61.16, Fla.Stat. (1989). The record clearly demonstrates

Brake v. Sotolongo

588 So. 2d 999, 1991 Fla. App. LEXIS 8903, 1991 WL 174507

District Court of Appeal of Florida | Filed: Sep 10, 1991 | Docket: 64662886

Published

Raul Sotolongo, appellee here, pursuant to section 61.16, Florida Statutes (1989). The general master

Battista v. Battista

585 So. 2d 459, 1991 Fla. App. LEXIS 8609, 1991 WL 173030

District Court of Appeal of Florida | Filed: Sep 4, 1991 | Docket: 64661363

Published

and sought attorney’s fees under § 57.105 and § 61.16, Florida Statutes (1989). After a hearing on the

Bull v. Bull

584 So. 2d 171, 1991 Fla. App. LEXIS 7928, 1991 WL 152494

District Court of Appeal of Florida | Filed: Aug 12, 1991 | Docket: 64660853

Published

the trial court has the authority pursuant to Section 61.16, Florida Statutes (1989), to award fees following

Bontrager v. Sessions

582 So. 2d 766, 1991 Fla. App. LEXIS 6719, 1991 WL 126673

District Court of Appeal of Florida | Filed: Jul 12, 1991 | Docket: 64660151

Published

did not violate an order of the trial court. Section 61.16, Florida Statutes (1989), allows the court to

Antuna v. Peisach

575 So. 2d 753, 1991 Fla. App. LEXIS 1619, 1991 WL 26819

District Court of Appeal of Florida | Filed: Mar 5, 1991 | Docket: 64656869

Published

Payne v. Payne, 481 So.2d 551 (Fla. 2d DCA 1986); § 61.16, Fla.Stat. (1989).

Bachman v. Bachman

566 So. 2d 19, 1990 Fla. App. LEXIS 5850, 1990 WL 111960

District Court of Appeal of Florida | Filed: Aug 8, 1990 | Docket: 64652641

Published

Bernstein, 524 So.2d 472 (Fla. 4th DCA 1988). See also § 61.16, Fla.Stat. (1989); Nichols v. Nichols, 519 So.2d

P.A.G. v. A.F.

564 So. 2d 266, 1990 Fla. App. LEXIS 5284, 1990 WL 102701

District Court of Appeal of Florida | Filed: Jul 25, 1990 | Docket: 64651675

Published

In my view, the trial court is authorized by § 61.16, Florida Statutes to award attorney’s fees to the

Sottile v. Sottile

551 So. 2d 608, 1989 WL 133755

District Court of Appeal of Florida | Filed: Nov 9, 1989 | Docket: 527114

Published

Sottile, sought attorney's fees pursuant to section 61.16, Florida Statutes (1987). In entering its order

Landers v. Landers

550 So. 2d 554, 14 Fla. L. Weekly 2509, 1989 Fla. App. LEXIS 5995, 1989 WL 125982

District Court of Appeal of Florida | Filed: Oct 26, 1989 | Docket: 64645577

Published

granting the father’s motion for attorney’s fees. Section 61.16, Florida Si ¿tutes (1987), provides authority

Chertoff v. Chertoff

553 So. 2d 179, 1989 Fla. App. LEXIS 4286, 1989 WL 85316

District Court of Appeal of Florida | Filed: Aug 1, 1989 | Docket: 64646751

Published

Ludemann, 317 So.2d 860, 861 (Fla. 4th DCA 1975); § 61.16, Fla.Stat. (1987); P. Padovano, Florida Appellate

Tendrich v. Tendrich

544 So. 2d 229, 14 Fla. L. Weekly 839, 1989 Fla. App. LEXIS 1711, 1989 WL 30813

District Court of Appeal of Florida | Filed: Apr 4, 1989 | Docket: 64642865

Published

fees, suit money, and costs. “[T]he purpose of section 61.16, Florida Statutes, was to ensure that both parties

Ciarfella v. Ciarfella

520 So. 2d 331, 13 Fla. L. Weekly 563, 1988 Fla. App. LEXIS 708, 1988 WL 15442

District Court of Appeal of Florida | Filed: Mar 2, 1988 | Docket: 64632765

Published

entitlement to attorney’s fees pursuant to section 61.16, Florida Statutes. The record in this case established

Grafman v. Grafman

498 So. 2d 529, 11 Fla. L. Weekly 2418, 1986 Fla. App. LEXIS 10671

District Court of Appeal of Florida | Filed: Nov 18, 1986 | Docket: 64623467

Published

DCA), cert. denied, 392 So.2d 1381 (Fla.1980); Section 61.16 Florida Statutes (1985). Therefore the order

State, Department of Health & Rehabilitative Services v. Johnson

485 So. 2d 880, 11 Fla. L. Weekly 749, 1986 Fla. App. LEXIS 7037

District Court of Appeal of Florida | Filed: Mar 26, 1986 | Docket: 64618294

Published

enforcement proceeding. As authority, the court cited section 61.16, Florida Statutes. Attorney’s fees may be awarded

Jackson v. Jackson (In re Jackson)

59 B.R. 77, 1986 Bankr. LEXIS 6571

United States Bankruptcy Court, S.D. Florida. | Filed: Mar 5, 1986 | Docket: 65779143

Published

these fees in accordance with the Florida statute, § 61.16, which requires that the court consider: “the financial

Payne v. Payne

481 So. 2d 551, 11 Fla. L. Weekly 170, 1986 Fla. App. LEXIS 5800

District Court of Appeal of Florida | Filed: Jan 10, 1986 | Docket: 64616642

Published

petition. The husband appeals the latter order. Section 61.16, Florida Statutes (1983), authorizes the court

Gardner v. Gardner

467 So. 2d 407, 10 Fla. L. Weekly 869, 1985 Fla. App. LEXIS 13285

District Court of Appeal of Florida | Filed: Apr 3, 1985 | Docket: 64611357

Published

material substantial change of circumstances. See § 61.16, Fla.Stat. (1983); (e) The impropriety of not ruling

Medina v. Medina

461 So. 2d 1028, 10 Fla. L. Weekly 148, 1985 Fla. App. LEXIS 11913

District Court of Appeal of Florida | Filed: Jan 10, 1985 | Docket: 64609183

Published

attorney’s fees to the wife arises by virtue of § 61.16, Florida Statutes (1983) which provides: The court

Harmon v. Harmon

453 So. 2d 77, 9 Fla. L. Weekly 2145, 1984 Fla. App. LEXIS 13284

District Court of Appeal of Florida | Filed: May 29, 1984 | Docket: 64606004

Published

petition for modification of the divorce decree, section 61.16, Florida Statutes (1981), may be the basis for

Leone v. Weed

448 So. 2d 74, 1984 Fla. App. LEXIS 12620

District Court of Appeal of Florida | Filed: Apr 11, 1984 | Docket: 64604067

Published

the collection of attorneys’ fees pursuant to Section 61.-16, Florida Statutes (1981). That statute reads

Leone v. Weed

448 So. 2d 74, 1984 Fla. App. LEXIS 12620

District Court of Appeal of Florida | Filed: Apr 11, 1984 | Docket: 64604067

Published

the collection of attorneys’ fees pursuant to Section 61.-16, Florida Statutes (1981). That statute reads

Vizcarra v. Vizcarra

444 So. 2d 537, 1984 Fla. App. LEXIS 11513

District Court of Appeal of Florida | Filed: Jan 24, 1984 | Docket: 64602414

Published

Scott v. Scott, 285 So.2d 423 (Fla. 4th DCA 1973) § 61.16 Florida Statutes (1971).

Grabow v. Grabow

442 So. 2d 262, 1983 Fla. App. LEXIS 24247

District Court of Appeal of Florida | Filed: Nov 15, 1983 | Docket: 64601471

Published

award based upon the criteria contained in section 61.16, Florida Statutes (1981). Reversed and remanded

Strahl v. Strahl

431 So. 2d 729

District Court of Appeal of Florida | Filed: May 24, 1983 | Docket: 1512029

Published

the financial resources of the parties. Compare § 61.16, Fla. Stat. (1979). Nonetheless, the wife argues

Besade v. Besade

430 So. 2d 927

District Court of Appeal of Florida | Filed: Apr 19, 1983 | Docket: 2569549

Published

their services. Under these circumstances, Section 61.16, Florida Statutes (1981) clearly empowered the

Robinson v. Hucker

423 So. 2d 477, 1982 Fla. App. LEXIS 21771

District Court of Appeal of Florida | Filed: Dec 10, 1982 | Docket: 64593949

Published

party is authorized to seek attorney’s fees under § 61.16, Florida Statutes (1981), and (2) that the trial

Monnar v. Monnar

422 So. 2d 362, 1982 Fla. App. LEXIS 21859

District Court of Appeal of Florida | Filed: Nov 30, 1982 | Docket: 64593557

Published

Wilds v. Wilds, 399 So.2d 1038 (Fla. 3d DCA 1981); § 61.16, Fla.Stat. (1979). Affirmed in part, reversed in

Robinson v. Swaim

419 So. 2d 414, 1982 Fla. App. LEXIS 21135

District Court of Appeal of Florida | Filed: Sep 17, 1982 | Docket: 64592089

Published

determined later based on a showing of need. Section 61.16, Florida Statutes (1981) provides that a party

Westley v. Westley

401 So. 2d 869, 1981 Fla. App. LEXIS 20539

District Court of Appeal of Florida | Filed: Jul 14, 1981 | Docket: 64584145

Published

Droubie, 379 So.2d 1331 (Fla.2d DCA 1980); Section 61.-16, Florida Statutes (1979). *870Reversed and

Winner v. Winner

390 So. 2d 189, 1980 Fla. App. LEXIS 18106

District Court of Appeal of Florida | Filed: Nov 25, 1980 | Docket: 64578831

Published

under the provision for “enforcement” under Section 61.16, Florida Statutes. Therefore, I would reverse

Kang v. Kang

386 So. 2d 602, 1980 Fla. App. LEXIS 16834

District Court of Appeal of Florida | Filed: Aug 6, 1980 | Docket: 64577610

Published

Statutes entitled “Dissolution of Marriage,” Section 61.16 authorizing an award of attorney’s fees in dissolution

Marcus v. Marcus

382 So. 2d 120, 1980 Fla. App. LEXIS 23694

District Court of Appeal of Florida | Filed: Apr 1, 1980 | Docket: 64575467

Published

pay the wife’s counsel fees. The purpose of Section 61.16, Florida Statutes (1979) is to ensure that both

Donner v. Anton

364 So. 2d 742, 1978 Fla. App. LEXIS 17041

District Court of Appeal of Florida | Filed: Oct 3, 1978 | Docket: 64567230

Published

award attorneys’ fees and costs in her favor. Section 61.16, Florida Statutes (1971) does not authorize

Rosell v. Rosell

362 So. 2d 86, 1978 Fla. App. LEXIS 16581

District Court of Appeal of Florida | Filed: Aug 15, 1978 | Docket: 64565887

Published

each party to pay their own attorneys’ fees. See § 61.16, Fla.Stat. (1975). Affirmed as modified.

Gray v. Gray

362 So. 2d 294, 1978 Fla. App. LEXIS 15936

District Court of Appeal of Florida | Filed: Jun 28, 1978 | Docket: 64565946

Published

relative financial resources of the parties. See Section 61.16, Florida Statutes (1977). Accordingly, the order

Stander v. Stander

350 So. 2d 1125, 1977 Fla. App. LEXIS 16831

District Court of Appeal of Florida | Filed: Oct 18, 1977 | Docket: 64560715

Published

Keena, 245 So.2d 665 (Fla. 1st DCA 1971), and Section 61.16, Florida Statutes (Supp.1976). Affirmed.

Burns v. Snedaker

348 So. 2d 597, 1977 Fla. App. LEXIS 16349

District Court of Appeal of Florida | Filed: Jun 30, 1977 | Docket: 64559632

Published

appellee here, attorney’s fees pursuant to Florida Statute 61.16. This appeal followed. It is axiomatic that

Niesen v. Niesen

345 So. 2d 348, 1977 Fla. App. LEXIS 15282

District Court of Appeal of Florida | Filed: Mar 25, 1977 | Docket: 64558341

Published

need and the husband has the ability to pay. Section 61.16, Florida Statutes (1975); Mertz v. Mertz, 287

Sheridan v. Sheridan

334 So. 2d 172, 1976 Fla. App. LEXIS 14615

District Court of Appeal of Florida | Filed: Jun 30, 1976 | Docket: 64554248

Published

are shown to have been reasonably necessary. (F.S. 61.16 and Donner v. Donner, Fla.App. 3rd 1973, 281

Curley v. Simon

317 So. 2d 116, 1975 Fla. App. LEXIS 14132

District Court of Appeal of Florida | Filed: Jul 8, 1975 | Docket: 64548511

Published

of the trial court’s discretion under Fla.Stat. § 61.16. Affirmed. . The suit instituted by George A.

Yagoda v. Klein

305 So. 2d 29, 1974 Fla. App. LEXIS 7365

District Court of Appeal of Florida | Filed: Dec 3, 1974 | Docket: 64543315

Published

chapter” as the language appears in Fla.Stat. § 61.16, F.S.A., authorizing attorney’s fees in enforcement

Blynder v. Blynder

294 So. 2d 717, 1974 Fla. App. LEXIS 7306

District Court of Appeal of Florida | Filed: May 23, 1974 | Docket: 64539006

Published

attorney’s fee in this instance. See, Fla.Stat. § 61.16, F.S. A. The appellant has not provided this court

Griffin v. Griffin

276 So. 2d 211, 1973 Fla. App. LEXIS 6901

District Court of Appeal of Florida | Filed: Apr 17, 1973 | Docket: 64531709

Published

child *213support payments is before the court. Section 61.16, F.S.1971, F.S.A. Finally, the amended judgment

Cardillo v. Cardillo

269 So. 2d 773, 1972 Fla. App. LEXIS 5951

District Court of Appeal of Florida | Filed: Dec 5, 1972 | Docket: 64528963

Published

to the wife in such a cause is provided for by § 61.16 Fla.Stat., F.S.A. Here the judgment did not deny

Cardillo v. Cardillo

269 So. 2d 773, 1972 Fla. App. LEXIS 5951

District Court of Appeal of Florida | Filed: Dec 5, 1972 | Docket: 64528963

Published

to the wife in such a cause is provided for by § 61.16 Fla.Stat., F.S.A. Here the judgment did not deny

Witcombe v. Witcombe

267 So. 2d 884, 1972 Fla. App. LEXIS 6220

District Court of Appeal of Florida | Filed: Oct 25, 1972 | Docket: 64528200

Published

parenthetically recognize here that the recently enacted § 61.16, F.S.A., would apparently permit allowance of attorneys’

Simkins v. Simkins

249 So. 2d 444, 1971 Fla. App. LEXIS 6353

District Court of Appeal of Florida | Filed: Apr 27, 1971 | Docket: 64520953

Published

attorney rather than to the wife (as permitted under § 61.16 Fla.Stat., F.S.A., by and subsequent to chapter