Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a Florida family law order is appealed, and the appellate court reverses a ruling with instructions to the trial court to correct it or take some other actions, can the trial court take additional actions with regard to the order being appealed? This was an issue in the case Marcellus v. Peterson, 4D2023-2495 (Fla. 4th DCA September 3, 2025).
The former husband in what was originally a divorce case was ordered to pay over $200,000 in attorney’s fees to the former wife. He appealed that order, and the appellate court affirmed as to entitlement but reversed for the trial court to reconsider the reasonableness of the fee. The trial court then added additional amounts to the fee already awarded. The former husband again appealed, arguing the trial court exceeded the parameters of the appellate court’s instructions.
The appellate court agreed with the former husband, holding “Our earlier opinion instructed the circuit court to ‘conduct an evidentiary hearing and make specific findings as to the hourly rate and number of hours reasonably expended.” Marcellus, 330 So. 3d at 575. On remand, the circuit court did more. No evidentiary hearing was held because the parties had waived their right to one, agreeing that the court could rule based on the parties’ written submissions. The parties also stipulated to the hourly rates for the former wife’s attorneys. Therefore, the court’s remaining duty was to determine what reasonable hours were expended because of the misconduct. The circuit court considered the reasonable hours expended, but it also added an extra item for evaluation—unpaid fines. So, we reverse the final judgment and remand with instructions to strike the portion of the order that included the unpaid fines. The remainder of the order is affirmed.”
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