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Leon v. Velazquez

Florida Court of Appeal, Third District

January 18, 2012

Thomas Agustin Velazquez LEON, Appellant,
v.
Ida R. VELAZQUEZ, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Scott M. Bernstein, Judge.

Greene Smith & Associates and Cynthia L. Greene, Miami; Raquel A. Rodriguez, Coral Gables, for appellant.

Kirschbaum, Birnbaum, Lippman & Gregoire and Nancy W. Gregoire, Fort Lauderdale; Luis M. Padron, Coral Gables, for appellee.

Before SHEPHERD and EMAS, JJ., and SCHWARTZ, Senior Judge.

PER CURIAM.

Thomas Agustin Velazquez Leon, the former husband, appeals an " Order on Former Wife's Motion for Temporary Attorney's Fees, Costs and Suit Monies Pending Appeal." Because the order does not contain any findings concerning the former wife Ida R. Velazquez's needs, or the former husband's ability to pay fees, we reverse and remand for a new hearing, with directions to the trial court to set forth its factual findings. See Baumann v. Baumann, 22 So.3d 719, 721 (Fla. 2d DCA 2009) (quoting Perrin v. Perrin, 795 So.2d 1023, 1024 (Fla. 2d DCA 2001) (" [A] trial court cannot decide the issue of attorney's fees without findings as to one spouse's ability to pay fees and other spouse's need

Page 115

to have fees paid." )); accord Bator v. Osborne,833 So.2d 884 ...


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