Opinion
Nos. 2D16–578 2D16–579.
09-16-2016
Carlos M. ROMERO, Appellant / Petitioner(s), v. Samily HENRIQUEZ–ROMERO, Appellee / Respondent(s).
BY ORDER OF THE COURT.
Pursuant to the notices of voluntary dismissal filed by the appellant in each of these consolidated appeals, the appeals are hereby dismissed. The appellant's motion to relinquish jurisdiction is denied as moot.
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 (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 appeal 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 wife also sought costs. The wife's request for costs is stricken without prejudice to the wife to file a timely motion with the lower tribunal. See Fla. R.App. P. 9.400(a).