Amber Ayers Larkin, Appellant/Cross–Appellee, v. Dennis Michael Larkin, Appellee/Cross–Appellant. (2017)

Amber Ayers Larkin, Appellant/Cross–Appellee, v. Dennis Michael Larkin, Appellee/Cross–Appellant.

Case No. 5D16–1455

Decided: January 13, 2017

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.

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 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 prevailed 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.

PER CURIAM.

TORPY, EVANDER and LAMBERT, JJ., concur.

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