Legal Question in Family Law in Florida

My attorney told me that my ex husband had appealed an order of sanctions to the appellate court.

She asked me if I would agree to allow them to give up jurisdiction and allow the lower court to revisit the matter of sanctions of 500. per hour for not complying with discovery orders of a judge. I refused to give up as I would love to have 3 judges look at this. She told me it was a seperate case and that I would have to pay another retainer. I looked online and it says that he has already asked to relinquish jurisdiction and that the appeal was filed untimely. I told my lawyer I would not give another retainer as the Judge has already ordered him to pay my legal fees. 1. Is this really a completely seperate case? 2. Why wouldnt the fees I have been awarded go to this? Would 500. per hour sanctions hold up its over 500,000. ? He is stubborn and does not want to produce irrevocable trust information.


Asked on 12/15/09, 3:30 am

1 Answer from Attorneys
David Slater David P. Slater, Esq.

Depending on your agreement, fees for an appeal are usually separate. Unless the attorney agreed to be paid solely from your husband, an award of attorney fees reimburses the client after payment to their attorney. If he doesn't have the money you should not expect your attorney to work for free.

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Answered on 12/20/09, 4:33 am


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