Butler v. Prine

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT JOHN GARY BUTLER, Appellant, v. CYNTHIA PRINE, Appellee. ) ) ) ) ) ) ) ) ) ) Case No. 2D14-2561 Opinion filed February 20, 2015. Appeal from the Circuit Court for Pinellas County; Linda R. Allan, Judge. Tori A. Butler of Alderuccio & Butler, LLC, Naples, for Appellant. Kathryn Marie Welsh of KM Welsh, P.A., Largo, for Appellee. PER CURIAM. John Gary Butler appeals a "supplemental final judgment" that was entered in a postdissolution proceeding that resolved several postjudgment motions and petitions that had been filed on his behalf, as well as on behalf of his former wife, Cynthia Prine. Mr. Butler raises several issues concerning the trial court's findings, rulings, and awards that are set forth in the supplemental final judgment. We affirm in all respects without discussion except for $93,202.26 in attorney's fees that was awarded to Ms. Prine. The evidence presented to the trial court justified a fee award of some amount in this case. However, we are unconvinced that the trial court adequately considered the reasonableness and necessity of all of the legal work underlying these fees. Accordingly, we reverse only the award of attorney's fees and remand that matter to permit the trial court to reconsider the award. On remand, the court is authorized to receive evidence in addition to the evidence in this record. Affirmed in part, reversed in part, and remanded. ALTENBERND, MORRIS, and SLEET, JJ., Concur. -2-

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