Florida Appeals successfully Defended a Final Judgment

Florida Appeals successfully defended a Final Judgment awarding Appellee former husband credits for maintaining the marital home and denying Appellant former wife’s supplemental petition to relocate after determining Florida’s relocation statute, section 61.13001, Florida Statutes, did not apply. The 5th DCA agreed that the trial court correctly reconsidered and determined that the relocation statute applied, and properly exercised its discretion in determining that relocation was not in the best interests of the child, in denying relocation, and in establishing timesharing exclusively in Florida according to the child’s best interests. The 5th DCA disagreed that the Appellant was not entitled to attorneys’ fees under section 61.16, Florida Statutes, based on record evidence that Appellant agreed to pay back borrowed funds from her parents, that she was making payments to pay back such funds, and that Appellant promised to pay back all loaned funds.