HERCE v. MAINES (2019)

District Court of Appeal of Florida, Second District.

Robert A. HERCE, Appellant/Petitioner(s), v. Frances MAINES, Appellee/Respondent(s).

CASE NO.: 2D18-1697

Decided: April 01, 2019

The Appellee's motion to dismiss is granted, and the above-styled appeal is hereby dismissed.

Appellee's renewed motion to dismiss is denied as moot.

The wife's motion for appellate attorney's fees is remanded to the trial court. If the wife establishes her entitlement pursuant to section 61.16, 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 appellate attorney's fees. See Rados v. Rados. 791 So. 2d 1130 (Fla. 2d DCA 2001).

BY ORDER OF THE COURT:

SILBERMAN, ROTHSTEIN-YOUAKIM, and ATKINSON, JJ., Concur.

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