Thursday, November 6, 2014

Prevailing party provision only applies where there is one party who prevails




In Schoenlank v. Schoenlank, 38 FLW D2175a (Fla. 3rd DCA) opinion filed October 16, 2013, the trial court did not abuse it's discretion in failing to award attorney fees to either party pursuant to a prevailing party provision in their marital settlement agreement where they both "prevailed" on the husband's petition for downward modification of alimony and child support and on calculation and collection of equitable distribution minus setoffs.

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