Mincy v. Mincy

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2011 MARK A. MINCY, Appellant, v. Case No. 5D10-2039 AMY K. MINCY, Appellee. ________________________________/ Opinion filed August 5, 2011 Non-Final Appeal from the Circuit Court for Orange County, Janet C. Thorpe, Judge. Walter E. Foster, III, of Walter E. Foster, III, P.A., Daytona Beach, for Appellant. Dorothy J. McMichen, of McMichen, Cinami, and Demps PLLC, Orlando, for Appellee. SAWAYA, J. Mark A. Mincy ( Husband ) appeals a non-final order entered in the underlying dissolution of marriage action awarding Amy K. Mincy ( Wife ) temporary attorney s fees, accounting fees, and business valuation fees in the amount of $28,000.1 We affirm the award of $11,000 for fees awarded to Wife s current attorney. We reverse the award of $5,000 for costs of valuation of Husband s business because Wife 1 We have jurisdiction pursuant to rule 9.130(a)(3)(C)(iii), Florida Rules of Appellate Procedure. has abandoned her request for a business valuation. We also reverse the awards of $4,000 for fees for Wife s prior attorney and $8,000 for her accountant fees and remand to the trial court to make sufficient findings regarding the reasonableness of those awards. See ยง 61.16(1), Fla. Stat. (2010) ( The court may from time to time, after considering the financial resources of both parties, order a party to pay a reasonable amount for attorney s fees, suit money, and the cost to the other party of maintaining or defending any proceeding under this chapter. . . . ); Stanton v. Stanton, 50 So. 3d 688, 691 (Fla. 2d DCA 2010); Baker v. Baker, 35 So. 3d 76 (Fla. 2d DCA 2010). AFFIRMED in part; REVERSED in part; and REMANDED. GRIFFIN and COHEN, JJ., concur. 2

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