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Cudworth v. Trozzo

District Court of Appeal of Florida, First District.
Oct 16, 2017
227 So. 3d 778 (Fla. Dist. Ct. App. 2017)

Opinion

CASE NO. 1D17–100

10-16-2017

Amanda CUDWORTH, Appellant, v. Joseph TROZZO, Appellee.

Emilian "Ian" Bucataru, Tallahassee, for Appellant. Thomas Duggar and Daniel I. Phillips of Duggar & Duggar, P.A., Tallahassee, for Appellee.


Emilian "Ian" Bucataru, Tallahassee, for Appellant.

Thomas Duggar and Daniel I. Phillips of Duggar & Duggar, P.A., Tallahassee, for Appellee.

PER CURIAM.

Amanda Cudworth challenges the trial court's order on motion for sanctions and motion for enforcement that required her to pay $1,453.82 in un-reimbursed expenses and $220 in band fees and that awarded Joseph Trozzo attorney's fees for pursing the enforcement action. We reverse.

The trial court relied on a spreadsheet entered into evidence by Trozzo when determining the amounts that Cudworth was required to pay. However, the attached documentation failed to support the amounts listed in the spreadsheet. Moreover, many of the expenses should not have been considered because they were incurred prior to Trozzo seeking a child support order. See Cordell v. Cordell , 30 So.3d 647, 649 (Fla. 3d DCA 2010). Thus, the trial court abused its discretion by granting the motion for enforcement. We also reverse the award of attorney's fees as Trozzo should not have prevailed on this motion for enforcement.

We, therefore, REVERSE the order on appeal.

B.L. THOMAS, C.J., and LEWIS and ROWE, JJ., CONCUR.


Summaries of

Cudworth v. Trozzo

District Court of Appeal of Florida, First District.
Oct 16, 2017
227 So. 3d 778 (Fla. Dist. Ct. App. 2017)
Case details for

Cudworth v. Trozzo

Case Details

Full title:Amanda CUDWORTH, Appellant, v. Joseph TROZZO, Appellee.

Court:District Court of Appeal of Florida, First District.

Date published: Oct 16, 2017

Citations

227 So. 3d 778 (Fla. Dist. Ct. App. 2017)