SMITH v. FENTON SMITH (2021)

District Court of Appeal of Florida, Fifth District.

Frank E. SMITH, Jr., Appellant, v. Christine FENTON-SMITH, Appellee.

Case No. 5D20-912

Decided: June 25, 2021

Timothy M. Doud, of Law Offices of Timothy M. Doud, LLC, Tarpon Springs, for Appellant. Pamela Jean Helton and Barry V. Newton, Jr., of Law Office of Pamela J. Helton, P.A., Clermont, for Appellee.

Frank E. Smith, Jr. (“Former Husband”) appeals the final judgment of dissolution that dissolved his marriage to Christine Fenton-Smith (“Former Wife”). Former Husband raises several issues on appeal, only one of which has merit. We agree that the trial court abused its discretion in ordering Former Husband to pay Former Wife's attorney's fees where it failed to consider the financial situation of the parties after the dissolution proceeding. See Ziruolo v. Ziruolo, 217 So. 3d 1170, 1172 (Fla. 1st DCA 2017) (noting a critical factor for a trial court to consider in awarding fees is the financial situation of the parties after the dissolution proceeding has concluded); Lovell v. Lovell, 14 So. 3d 1111, 1117 (Fla. 5th DCA 2009) (directing courts to determine attorney's fees after the dissolution proceeding has concluded, based upon the parties' resulting financial situation).

Therefore, we reverse the trial court's award of attorney's fees and remand for reconsideration. In all other aspects, we affirm.

REVERSED and REMANDED.

SASSO, J.

WALLIS and HARRIS, JJ., concur.

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