Second District Reverses Denial of Fees

The Second District Court ruled today in DiNardo v. DiNardo regarding the lower tribunal’s orders on each party’s respective motion for attorneys’ fees filed immediately following entry of a Final Judgment (but not heard for three years).  The Husband’s request for fees under Rosen was properly denied, held the Court, in that the conduct complained of did not rise to a level sufficient to warrant such an award.  However, the lower court’s denial of statutory fees to the Wife was reversed on the basis that the tribunal improperly considered a lower income for the Husband than actual earnings suggested.  By failing to consider regular bonuses received by the Husband, the lower court was found to have not taken into account all financial resources available to each party, and was ordered to do so on remand.