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Larkin v. Larkin
5D16-1455
| Fla. Dist. Ct. App. | Jan 9, 2017
|
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*1 IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED AMBER AYERS LARKIN,

Appellant/Cross-Appellee, v. Case No. 5D16-1455 DENNIS MICHAEL LARKIN,

Appellee/Cross-Appellant.

________________________________/

Opinion filed January 13, 2017

Non - Final Appeal from the

Circuit Court for Orange

County, Bob Leblanc, Judge.

Marc James Ayers, of Bradley Arant Boult,

Cummings, LLP, Birmingham Alabama,

and Terry C. Young and Jennifer R. Dixon,

of Lowndes Drosdick Doster Kantor &

Reed, P.A., Orlando, for Appellant/Cross-

Appellee.

Andrew F. Nickolaou, and Ophelia G.

Bernal-Mora, of Bernal-Mora & Nickolaou,

Winter Park, for Appellee/Cross-Appellant.

PER CURIAM.

We affirm, without discussion, the trial court’s determination as to the proper distribution of the parties’ Morgan Stanley account pursuant to the terms of their marital settlement agreement. However, we conclude that the trial court erred in failing to award *2 the former wife a reasonable attorney’s fee. The marital settlement agreement provided for an award of fees to the prevailing party “in the event of a legal action or other proceeding arising under this Agreement. ” Here, the former wife prev ailed on the only significant issue resolved by the trial court in its post-judgment order. Therefore, we reverse the portion of the trial court’s order denying the former wife’s motion for attorney’s fees.

AFFIRMED, in part; REVERSED, in part; REMANDED.

TORPY, EVANDER and LAMBERT, JJ., concur.

2

Case Details

Case Name: Larkin v. Larkin
Court Name: District Court of Appeal of Florida
Date Published: Jan 9, 2017
Docket Number: 5D16-1455
Court Abbreviation: Fla. Dist. Ct. App.
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