SANDOVAL SERRANO v. FEELEY (2018)

District Court of Appeal of Florida, Second District.

Claudia SANDOVAL-SERRANO, Appellant/Petitioner(s), v. Michael FEELEY, Appellee/Respondent(s).

CASE NO.: 2D18-3345

Decided: November 19, 2018

Petitioner's petition for writ of prohibition is denied.

The request for costs in Petitioner's motion for appellate attorney's fees and costs is stricken without prejudice to file a timely motion for costs with the trial court. See Fla. R. App. P. 9.400(a). Petitioner's request for attorney's fees incurred in this prohibition proceeding is remanded to the trial court. If Petitioner establishes her entitlement pursuant to section 742.045, Florida Statutes (2018), and Rosen v. Rosen. 696 So. 2d 697 (Fla. 1997), the trial court is authorized to award her all or a portion of the reasonable attorney's fees she incurred in this proceeding. See Rados v. Rados, 791 So. 2d 1130 (Fla. 2d DCA 2001); see also Rogers v. Wiggins, 198 So. 3d 1119, 1121 n.1 (Fla. 2d DCA 2016).

BY ORDER OF THE COURT:

CRENSHAW, SLEET, and ATKINSON, JJ., Concur.

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