Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Attorney’s fees in a Florida divorce are awarded based on need and ability to pay. The award must be supported by competent, substantial evidence. If it is not, can a party raise this issue for the first time on appeal? This was an issue in the case Garmon v. Garmon, 6D2024-1564 (Fla. 6th DCA May 1, 2026).
The former husband was ordered to pay the former wife’s attorney’s fees in a Florida divorce case. He filed a motion for rehearing which was denied. He raised the argument that there was a lack of competent substantial evidence in his motion for rehearing. He appealed, and the appellate court held “We agree. Because the record lacks competent substantial evidence to support Former Wife’s need for attorney’s fees, we reverse the award.” This short opinion contained the following footnote citation:
A party may raise sufficiency of the evidence for the first time on appeal even if not raised in a motion for rehearing. See Fla. Fam. L. R. P. 12.530(e) (“When an action has been tried by the court without a jury, the sufficiency of the evidence to support the judgment may be raised on appeal whether or not the party raising the question has made any objection to it in the trial court or made a motion for rehearing, for new trial, or to alter or amend the judgment.”).
Nothing in this article is legal advice. For specific advice about your case, consult with a Miami family law attorney.