Posted by Nydia Streets of Streets Law in Florida Family Law Procedure

A party to a Florida family law case that is appealed can request payment of costs by the opposing party when an appeal is taken. In the case McPherson v. Samuel, 4D2023-2613 (Fla. 4th DCA July 30, 2025), there was a dispute as to whether costs awarded by the court were proper in light of the fact that they were associated with the appeal of a domestic violence injunction which was reversed and remanded to put in place a temporary injunction pending a full hearing as to a permanent injunction.

The appellant in this case previously appealed the entry of a permanent domestic violence injunction which was entered after she failed to appear for a hearing. She alerted the court that she would be out of country on the scheduled hearing date, but her motion for continuance was denied and when she failed to appear, the court entered the injunction against her. She appealed, and it was reversed with instructions to enter a temporary injunction pending a full hearing on the entry of a permanent injunction. The appellant requested that the appellee pay her appeal costs.

The appellee argued that under Varveris v. Carbonell, 785 So. 2d 576 (Fla. 3d DCA 2001), the appellant was not entitled to costs because she “did not prevail on the significant issues litigated on appeal.” The appellee cited the fact that after the prior appeal, the temporary injunction remained in place pending a permanent injunction hearing. The appellate court disagreed, noting “In the instant case, ‘[t]he real issue on the prior appeal was whether’ the appellant would have the opportunity to challenge the merits of the petition for injunction for protection against stalking. Our opinion provided her with that opportunity.” The court concluded “Here, [the appellant] prevailed on the significant issue, which was the denial of her due process right to challenge the merits of the petition for injunction for protection against stalking. {. . .] Thus, we find no abuse of discretion in awarding appellate prevailing party costs to [appellant].”

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