SERNA v. BOTERO (2020)

District Court of Appeal of Florida, Fifth District.

Diego Mauricio SERNA, Appellant, v. Carolina BOTERO, Appellee.

Case No. 5D19-1765

Decided: January 10, 2020

Javier D. Alvarez, of Alvarez, Alvarez & Alvarez, PLLC, Kissimmee, for Appellant. Carolina Botero, Orlando, pro se.

Diego Serna appeals the third amended supplemental final judgment of modification which, among other things, imputed income to him for purposes of calculating child support. Because the trial court's findings and calculations were based on competent, substantial evidence, we affirm in all respects, with one exception. Serna also challenges the trial court's determination that he had a greater ability to pay attorney's fees than his wife. Because the trial court only determined entitlement and did not determine the amount of fees, this issue is not ripe for appellate consideration. See Crowell v. Crowell, 72 So. 3d 804 (Fla. 5th DCA 2011); Revier v. Revier, 45 So. 3d 570, 571 (Fla. 4th DCA 2010). We therefore dismiss that portion of Serna's appeal.

AFFIRMED in part; DISMISSED in part.

HARRIS, J.

LAMBERT and SASSO, JJ., concur.

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