Robert G. Orban, Appellant,
Susan M. Rorrer, etc., Appellee.
final until disposition of timely filed motion for rehearing.
Appeal from the Circuit Court for Miami-Dade County Lower
Tribunal No. 10-31827, Ariana Fajardo Orshan, Judge.
& Rosen LLC, and Norman S. Segall, for appellant.
Berman, Karpf & Gonzalez, P.A., and Cynthia L. Greene;
Joanne Garone (Pembroke Pines), for appellee.
EMAS, C.J., and FERNANDEZ, and LINDSEY, JJ.
Orban, the former husband, appeals a final order finding him
in contempt for failing to make timely attorney's fees
and costs payments to Susan Rorrer, the former wife, pursuant
to two previously entered Fee Orders. Because the trial court
did not make findings as to Mr. Orban's ability to pay or
his willful violation of the Fee Orders and did not include a
purge provision in its contempt order, we reverse.
appeal stems from a divorce proceeding, finalized in 2011.
Following the divorce settlement, the parties engaged in
numerous post-judgment proceedings, resulting in an appeal in
which this Court found that the trial court erred in applying
its own formula to calculate attorney's fees. We reversed
and remanded for entry of a new fee award. See Rorrer v.
Orban, 215 So.3d 148 (Fla. 3d DCA 2017). Following the
appeal, the trial court entered two orders awarding Ms.
Rorrer attorney's fees and costs for the appeal (the
"Fee Orders"). Pursuant to the Fee Orders, Mr.
Orban was required to make payments on the first of every
month. In June 2018, Mr. Orban failed to make a timely
payment. Mr. Orban made partial payments of his $5, 500.00
obligation on June 4 and 5, totaling $3, 500.00. On July 11,
Ms. Rorrer moved to impose sanctions on Mr. Orban for failure
to make timely payments. A day later, Mr. Orban paid the
remaining balance for June 2018.
evidentiary hearing on Ms. Rorrer's motion for sanctions
took place on July 9, 2018. At the hearing, Mr. Orban, who
was not represented by counsel, was current on all his fee
obligations and testified about his inability to pay. The
trial court found Mr. Orban in contempt and entered an order
requiring him to pay an additional $3, 877.50 to Ms. Rorrer
in attorney's fees within thirty days as a sanction for
failing to make timely payments (the "Contempt
Order"). The Contempt Order allowed Mr. Orban to make
his payments between the first and fifteenth days of months
timely appeal followed.
jurisdiction because when a "trial court enters a
post-judgment order . . . imposing sanctions, that order is
itself an appealable final order." HSBC Bank, USA,
Nat'l Ass'n v. Buset, 216 So.3d 701, 703-04
(Fla. 3d DCA 2017); see also Philip J. Padovano,
Florida Appellate Practice § 24:15 (2018 ed.)
("An enforcement order, such as an order on a motion for
contempt . . . might also be reviewable by appeal as a
subsequent final order.").