MOTT v. MOTT

No. 2D00-739.

800 So.2d 331 (2001)

Marcia E. MOTT, Appellant, v. James Lee MOTT, Appellee.

District Court of Appeal of Florida, Second District.

November 16, 2001.


Attorney(s) appearing for the Case

Rana Holtz of Rubinstein & Holtz, Fort Myers, for Appellant.

Linda H. Fried of Fried and Fried, Fort Myers, for Appellee.


SILBERMAN, Judge.

Marcia E. Mott appeals from the denial of her request for an award of attorneys' fees. Because the trial court did not properly apply the prevailing party fee provision contained in the marital settlement agreement and the trial court looked beyond the individual financial resources of Ms. Mott in making the fee determination, we reverse.

The Motts were divorced in 1994, and the final judgment of dissolution incorporated the terms of their...

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