McGinnis v. Irwin

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED LEA MICHELLE MCGINNIS, Appellant, v. Case No. 5D16-4192 MATTHEW IRWIN, Appellee. ________________________________/ Opinion filed January 19, 2018 Appeal from the Circuit Court for Seminole County, John D. Galluzzo, Judge. Richard J. Feinberg, of Law Office of Richard J. Feinberg, Indialantic, for Appellant. Jonathan R. Simon, of The Orlando Family Firm, Orlando, for Appellee. PER CURIAM. We affirm in all respects except the trial court’s order denying Appellant’s motion for attorney’s fees. On remand, the lower court shall make findings of fact regarding Appellant’s need and Appellee’s ability to pay fees and award such fees as are warranted based on those findings. See Henderson v. Henderson, 162 So. 3d 203, 207 (Fla. 5th DCA 2015). AFFIRMED IN PART; REVERSED IN PART AND REMANDED. COHEN, C.J., TORPY and EVANDER, JJ., concur.