BENJAMIN BATHKE v. MARY ELIZABETH COSTLEY MARY ELIZABETH BATHKE (2023)

This case is before us after proceedings in the trial court post-remand from the Fifth District Court of Appeal's decision in Bathke v. Costley, 332 So. 3d 1076 (Fla. 5th DCA 2021).¹

We affirm without discussion the trial court's decision on all issues raised except one; we reverse the trial court's determination in its Amended Order on Motion for Rehearing that Benjamin Bathke shall pay Mary Elizabeth Costley $239,195.15 for her attorneys’ fees and costs in monthly payments without credit for past amounts he paid towards this sum. We remand to the trial court for further proceedings to determine the correct amount of attorneys’ fees and costs Mr. Bathke owes after appropriate credit is given for the sums he has already paid. Cf. Lickle v. Lickle, 606 So. 2d 391, 392 (Fla. 4th DCA 1989) (holding husband should “[a]t a minimum” be given credit for child support payments he already made).

AFFIRMED in part; REVERSED in part; and REMANDED with instructions.

FOOTNOTES

1.   This case was transferred from the Fifth District Court of Appeal to this Court on January 1, 2023.

WOZNIAK, J.

COHEN and MIZE, JJ., concur.