LARRY B. INGRAM v. LINDA S. INGRAM

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
LARRY B. INGRAM, )
)
Appellant, )
)
v. ) Case No. 2D18-3978
)
LINDA S. INGRAM, )
)
Appellee. )
)
Opinion filed July 10, 2019.
Appeal from the Circuit Court for Polk
County; Ellen S. Masters, Judge.
Kathleen V. Logan and Teresa O.
Prescott of Prescott Legal, P.A., Tampa,
for Appellant.
Jean M. Henne of Jean M. Henne, P.A.,
Winter Haven, for Appellee.
MORRIS, Judge.
Larry B. Ingram, the former husband, appeals a final judgment dissolving
his thirty-eight-year marriage to Linda S. Ingram, the former wife. We affirm the
judgment of dissolution without comment, but we reverse the fee award and remand for
further findings.
The former husband argues that the trial court erred in awarding partial
attorney's fees to the wife because she failed to demonstrate a need for fees after the
equitable distribution placed her in a superior financial position.
This court reviews "an award of attorney's fees, whether in whole or in
part, for abuse of discretion." Arena v. Arena, 103 So. 3d 1044, 1045 (Fla. 2d DCA
2013) (citing Anciaux v. Anciaux, 666 So. 2d 577, 578 (Fla. 2d DCA 1996)). "Decisions
regarding an award of attorney's fees in a dissolution case are governed by section
61.16, Florida Statutes [(2017)], which requires the trial court to consider 'the relative
financial resources of the parties' in evaluating whether a fee award is appropriate.' "
Arena, 103 So. 3d at 1045-46. "As a general rule, when 'marital property has been
equitably distributed and the parties' incomes have been equalized through an alimony
award, the trial court abuses its discretion by awarding attorney's fees.' " Hanson v.
Hanson, 217 So. 3d 1165, 1168 (Fla. 2d DCA 2017) (quoting Hutchinson v. Hutchinson,
185 So. 3d 528, 529 (Fla. 1st DCA 2015)); see also Matajek v. Skowronska, 927 So. 2d
981, 988 (Fla. 5th DCA 2006) ("[A]n award of attorney's fees is inappropriate if the
parties are left in relatively equal financial circumstances after the dissolution." (citing
Brock v. Brock, 690 So. 2d 737, 742 (Fla. 5th DCA 1997))).
As a result of the trial court's equitable distribution and alimony awards,
the parties were placed in similar financial positions, with both parties having a need but
neither party having an ability to pay. Yet, the trial court awarded the former wife a
partial award of attorney's fees in the amount of $8901.26. It was an abuse of discretion
to order the former husband to pay the former wife's partial fees when the judgment of
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dissolution placed the parties in similar financial positions and there was no indication
that the former husband otherwise had the ability to pay.
It is possible that the trial court ordered the former husband to pay the
former wife's fees based on the former husband's behavior during the divorce
proceedings. See Rosen v. Rosen, 696 So. 2d 697, 700 (Fla. 1997) (holding that in
addition to the "financial resources of the parties," "other relevant circumstances to be
considered include factors such as the scope and history of the litigation; the duration of
the litigation; the merits of the respective positions; whether the litigation is brought or
maintained primarily to harass (or whether a defense is raised mainly to frustrate or
stall); and the existence and course of prior or pending litigation"). The trial court did not
make any specific findings regarding the former husband's behavior as it relates to fees,
but the trial court's order does contain findings in other places regarding the former
husband's behavior. To the extent that the trial court intended the fees to be a sanction
for the former husband's litigation misconduct, the order should have contained
"findings that support the reduction or enhancement factors set out in Rosen" and
should have "explain[ed] what portion of the fees incurred was 'occasioned by [the
former] husband's misconduct.' " Perez v. Perez, 100 So. 3d 769, 773 (Fla. 2d DCA
2012) (quoting Gagnon v. Gagnon, 539 So. 2d 1179, 1179 (Fla. 1st DCA 1989)); see
Arena, 103 So. 3d at 1047 (holding that "if the trial court had intended to award [only a]
portion of the [w]ife's fees and costs as a sanction for the [h]usband's litigation
misconduct, the fee order contains insufficient findings" where the fee order did not
contain any findings regarding the wife's behavior).
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Accordingly, we reverse the attorney's fee award and remand for further
proceedings. If the trial court awarded fees based on the former husband's misconduct,
the trial court shall make appropriate findings to that effect.
Affirmed in part; reversed in part; remanded.
LaROSE and SALARIO, JJ., Concur.
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