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Drago v. Drago

District Court of Appeal of Florida, Fourth District
Mar 9, 2005
895 So. 2d 529 (Fla. Dist. Ct. App. 2005)

Summary

redesignating a petition for writ of certiorari as an appeal from a nonfinal order modifying visitation rights under rule 9.130(C)

Summary of this case from Oddo v. Oddo

Opinion

No. 4D04-988.

March 9, 2005.

Appeal of a non-final order from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Lawrence Korda, Judge; L.T. Case No. 98-8479(41)(92).

James P. Drago, Boca Raton, pro se.

Elizabeth Drago, Coral Springs, pro se.


The former husband petitioned for a writ of certiorari concerning an order modifying visitation rights and awarding attorney's fees. We previously redesignated this petition as an appeal from a non-final order under Fla. R.App. 9.130(a)(3)(C)(iii). We affirm the order in all respects, except the award of attorney's fees.

In its order, the trial court held the former husband "responsible in the entirety with respect to all legal fees incurred" by the former wife. The court further ordered the former husband to contact the former wife's counsel within seven days regarding payment. The order does not, however, determine the amount of fees, and further fails to contain the requisite findings concerning the parties' needs and ability to pay. See Winkelman v. Toll, 632 So.2d 130 (Fla. 4th DCA 1994); Rosen v. Rosen, 696 So.2d 697 (Fla. 1997). We therefore affirm the order regarding visitation rights, but dismiss that part of the appeal relating to attorney's fees as premature.

STEVENSON, TAYLOR and MAY, JJ., concur.


Summaries of

Drago v. Drago

District Court of Appeal of Florida, Fourth District
Mar 9, 2005
895 So. 2d 529 (Fla. Dist. Ct. App. 2005)

redesignating a petition for writ of certiorari as an appeal from a nonfinal order modifying visitation rights under rule 9.130(C)

Summary of this case from Oddo v. Oddo

redesignating petition for certiorari concerning an order modifying visitation rights as an appeal from a nonfinal order under Florida Rule of Appellate Procedure 9.130(C)

Summary of this case from Mezei v. Tzynder

re-designating a petition for writ of certiorari concerning an order modifying visitation rights as reviewable as a non-final order under rule 9.130(C)

Summary of this case from Jade Winds Ass'n v. Citibank, N.A.

re-designating a petition for writ of certiorari concerning an order modifying visitation rights and awarding attorney's fees as a non-final appeal under rule 9.130(C)

Summary of this case from Hickey v. Burlinson
Case details for

Drago v. Drago

Case Details

Full title:James DRAGO, Appellant, v. Elizabeth DRAGO, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Mar 9, 2005

Citations

895 So. 2d 529 (Fla. Dist. Ct. App. 2005)

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