Nicol v. Nicol

Full title: George NICOL, Appellant, v. Ann NICOL, Appellee

Court: District Court of Appeal of Florida, Fifth District

Date published: Jan 23, 2006

919 So. 2d 550 (Fla. Dist. Ct. App. 2006)

Opinion

No. 5D05-126.

December 23, 2005. Rehearing Denied January 23, 2006.

Appeal from the Circuit Court for Brevard County, Morgan Laur Reinman, Judge.

Maureen Monaghan Matheson of Reinman, Matheson, Vaughan Durham, P.A., Melbourne, for Appellant.

Pamela Huddleston of Huddleston Palumbo, P.A., Melbourne, for Appellee.

PER CURIAM.

We affirm the lower court's order that denied Appellant's petition to modify the final judgment of dissolution of marriage. Janovic v. Janovic, 814 So.2d 1096 (Fla. 1st DCA 2002). We reverse, however, the award of attorney's fees to Appellee. Because insufficient evidence was introduced to support the award, we decline Appellee's request to remand the cause for a new hearing. Warner v. Warner, 692 So.2d 266, 268 (Fla. 5th DCA 1997).

AFFIRMED in part; REVERSED in part.

THOMPSON, PALMER and TORPY, JJ., concur.