ROMERO v. ROMERO (2007)

District Court of Appeal of Florida,Third District.

Tony ROMERO, Appellant, v. Carla ROMERO, Appellee.

No. 3D07-554.

Decided: November 07, 2007

Before GERSTEN, C.J., and CORTIÑAS, J., and SCHWARTZ, Senior Judge.

The Silver Law Group and Patricia M. Silver, Islamorada, for appellant. Hershoff, Lupino & Yagel and Jay A. Hershoff and Jessica B. Reilly, Tavernier, and Russel Yagel, for appellee.

This is an appeal from an assessment of attorney's fees against an ex-husband for engaging in vexatious post-judgment litigation. We agree that such an award was justified by the circumstances. However, we substantially reduce the $96,443.75 actually assessed to $29,354.22, the accounts receivable balance as of June 9, 2006, because a great deal of the efforts expended in response by the former wife's attorney were wholly unnecessary for which even a vexatious opponent should not have to pay. See Becker v. Becker, 778 So.2d 438, 439 (Fla. 1st DCA 2001); Whitney v. Whitney, 638 So.2d 517, 517-18 (Fla. 3d DCA 1994); Ziontz v. Ocean Trail Unit Owners Ass'n, 663 So.2d 1334, 1335-37 (Fla. 4th DCA 1993); Miller v. First Am. Bank & Trust, 607 So.2d 483 (Fla. 4th DCA 1992); Dalia v. Alvarez, 605 So.2d 1282 (Fla. 3d DCA 1992); Mettler v. Mettler, 569 So.2d 496, 498 (Fla. 4th DCA 1990).

Affirmed.

PER CURIAM.

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