MARTINEZ VS. POLY-PLY

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM A.D., 2004 DIANNE FISCHER, etc., ** ** Appellant, vs. ** CASE NO. 3D04-427 ** KENNETH C. FISCHER, ** Appellee. LOWER TRIBUNAL NO. 01-24507 ** Opinion filed August 25, 2004. An Appeal from the Circuit Court for Miami-Dade County, Thomas S. Wilson, Jr., Judge. Simon Schindler & Sandberg, and Steven J. Silverman, for appellant. Leinoff & Lemos, and Andrew Leinoff, and Ansana D. Singh, for appellee. Before GREEN, RAMIREZ, and SHEPHERD, JJ. PER CURIAM. Affirmed. See Cole v. Cole, 723 So. 2d 925, 927 (Fla. 3d DCA 1999); Marrone v. Miami Nat l Bank, 507 So. 2d 652, 653 (Fla. 3d DCA 1987). Appellee Kenneth C. Fischer s motion for attorney s fees and costs on appeal is remanded to the trial court. If the movant establishes his entitlement pursuant to section 61.16, Florida Statutes, and Rosen v. Rosen, 696 So. 2d 697 (Fla. 1997), the trial court is authorized to award the movant all or a portion of the reasonable appellate attorney s fees. This court concludes that the appeal by the wife lacked merit, and therefore the trial court factors set forth in Rosen. should give great weight to the See Rados v. Rados, 791 So. 2d 1130 (Fla. 2d DCA 2001). We therefore affirm the order on appeal and remand the cause to the trial court to determine motion for attorney s fees and costs. 2 Kenneth C. Fischer s

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