Candyce E. HUTCHINSON, n/k/a Candyce E. Serafin, Appellant,
v.
Richard J. HUTCHINSON, Appellee.
District Court of Appeal of Florida, Fourth District.
*913 Terrence F. Dytrych of Terrence F. Dytrych, P.A., West Palm Beach, for appellant.
Mark A. DiAntonio and William R.H. Broome of William R.H. Broome, P.A., West Palm Beach, for appellee.
PER CURIAM.
Candyce Serafin appeals a judgment for child support and alimony arrearages owed by her former husband, Richard Hutchinson. We reverse in part and remand for reconsideration of the award of attorney's fees.
The parties' property settlement agreement provides for the recovery of attorney's fees, costs, and expenses to any party forced to bring an action to enforce the terms of the agreement. Serafin claimed $40,531.92 in child support and alimony arrearages, and the husband claimed various set-offs and laches. The trial court awarded Serafin a total of $24,620.00. The court declined to award attorney's fees to Serafin, reasoning that both parties had won some issues, since the husband had substantial success in his set-off and laches affirmative defenses.
The trial court erred by failing to award attorney's fees to a prevailing party. Where a contract provides attorney's fees for a prevailing party, the trial judge is without discretion to decline to enforce the provision. Rose v. Rose,
On remand, the trial court shall reconsider its findings, basing its award on who prevailed on the significant issues in the suit.
As to all other issues raised, we affirm on the authority of Applegate v. Barnett Bank of Tallahassee,
DELL, STONE and SHAHOOD, JJ., concur.
