Opinion
No. 2D13–4143.
10-16-2013
Mark H. GIBBONS, Appellant/Petitioner(s), v. Martha Lee James GIBBONS, Appellee/Respondent(s).
Opinion
BY ORDER OF THE COURT.
The wife's motion for appellate attorney's fees is remanded to the trial court. If the wife establishes her entitlement pursuant to section 61.16, Florida Statutes (2011), the trial court is authorized to award her all or a portion of the reasonable appellate attorney's fees. The merit of the respective positions of the parties in this appeal is not a factor that the trial court need consider. See Rados v. Rados, 791 So.2d 1130 (Fla. 2d DCA 2001).
Petitioner's petition for writ of prohibition is denied.
SILBERMAN, KELLY, and LaROSE, JJ., Concur.