TOLSTON v. TOLSTON (2019)

District Court of Appeal of Florida, Third District.

Jennifer Alec TOLSTON, Appellant(s)/Petitioner(s), v. Alex J. TOLSTON, Appellee(s)/Respondent(s),

CASE NO.: 3D19-1202

Decided: July 24, 2019

Upon consideration, respondent's motion to file response to petition for writ of certiorari, respondent's appendix to response to petition for writ of certiorari and respondent's motion for attorney's fees under seal is granted.

Petitoner's motion to file petition for appellate attorneys' fees under seal is granted.

Following review of the petition for writ of certiorari, and the response and reply thereto, it is ordered that said petition is hereby denied.

The motion for appellate attorney's fees is remanded to the trial court. If the movant establishes her or his entitlement pursuant to Section 61.16, Florida Statutes, the trial court is authorized to award the movant all or a portion of the reasonable appellate attorney's fees. The merit of the respective positions of the parties in this appeal is not a factor that the trial court need consider.

HENDON, MILLER and LOBREE, JJ., concur.

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