Third DCA Reverses Denial of Fees

The Third District Court of Appeal reversed yesterday in De Campos v. Ferrara, a case in which the lower court denied fees to the former husband on an enforcement action after finding that the action was truly for declaratory relief, like the action in Flanders v. Flanders, 516 So.2d 1090 (Fla. 5th DCA 1987), no enforcement fees were appropriate.  The Third District reversed on the grounds that the action was, in fact, in the nature of an enforcement claim, that, as a result, F.S. 61.16 (2011), and not the parties’ agreement alone, applied to the fee request, and that a hearing to determine entitlement under that authority was required.