Raborn L. DAVIS, Jr., Husband, Appellant,
v.
Diana W. DAVIS, Wife, Appellee.
District Court of Appeal of Florida, First District.
David A. Bartholf, Jacksonville, for appellant.
Terrance A. Jones, Orange Park, for appellee.
WIGGINTON, Judge.
The trial court's order denying the husband's motion to modify the final judgment of dissolution of marriage to change primary residential custody of one of the parties' three minor children to the husband is hereby AFFIRMED. Both parties seek an award of attorney's fees pursuant to section 61.16, Florida Statutes, based on the prevailing party theory. However, on the issue of appellate attorney's fees in dissolution cases, "prevailing party" status is not always dispositive. The courts, instead, often provisionally grant an award of fees subject to the trial court's conducting an evidentiary hearing to verify the respective parties' needs and ability to pay, as well as to assess a reasonable amount. See Sierra v. Sierra,
SHIVERS and ZEHMER, JJ., concur.
