Opinion
No. 2D13–5333.
2014-01-9
Margaret H. REIFSNYDER, Appellant / Petitioner(s), v. David N. REIFSNYDER, Appellee / Respondent(s).
BY ORDER OF THE COURT.
The petitioner's motion for appellate attorney's fees is remanded to the trial court. If the petitioner establishes her entitlement pursuant to section 61.16, Florida Statutes (2013), 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 petition is not a factor that the trial court need consider. See Rados v. Rados, 791 So.2d 1130 (Fla. 2d DCA 2001).
In the motion for appellate attorney's fees, the petitioner also sought costs. The petitioner's request for costs is stricken without prejudice to the petitioner to file a timely motion with the lower tribunal. See Fla. R.App. P. 9.400(a).