Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When an order is reversed on appeal, a party should not be held in contempt of that order later. This was an issue in the case Rich v. Rich, 2D20-707 (Fla. 2d DCA April 3, 2024).
The former wife previously appealed an order requiring her to pay attorney’s fees and costs to the former husband. Despite this reversal, the trial court held the former wife in contempt for non-payment under that order. She appealed. The appellate court reversed, holding “As the former husband correctly concedes, the contempt order must be reversed. See Wiesenthal v. Wiesenthal, 154 So. 3d 488, 489 (Fla. 4th DCA 2015) (reversing a contempt order after the fee order upon which it was based was reversed in a companion appeal). Having reversed both the fee award and the resulting contempt order, we find no basis for permitting the former husband to retain money paid to him thereunder. [internal citation omitted]. On remand, if the former wife establishes that she has made any payment required by the contempt order or the fee award upon which it was based, she will be ‘entitled to reimbursement in the amount paid.’”
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