Michael Joseph Mc Vety v. Terri Lynn Mc Vety
CourtDistrict Court of Appeal of Florida
Date FiledApril 15, 2020
Docket2D18-2250
StatusPublished
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Full Opinion
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
MICHAEL JOSEPH McVETY, )
)
Appellant, )
)
v. ) Case No. 2D18-2250
)
TERRI LYNN McVETY, )
)
Appellee. )
)
Opinion filed April 15, 2020.
Appeal from the Circuit Court for Lee
County; Nicholas Thompson, Judge.
Cynthia L. Greene of Young, Berman,
Karpf & Gonzalez, P.A., Miami; and
Linda H. Fried, Ft. Myers, for Appellant.
Terri Lynn McVety, pro se.
MORRIS, Judge.
Michael Joseph McVety, the former husband, appeals a final order
granting a motion by Terri Lynn McVety, the former wife, for attorneys' fees and costs
incurred in their dissolution of marriage proceedings. The order directs the former
husband to pay the former wife's fees and costs in the amount of $181,735.70. We find
merit to one of the former husband's arguments on appeal and reverse on that limited
issue.
The former husband argues that the trial court erred in ordering the former
husband to pay the former wife's accounting costs in the amount of $45,401.50 when it
was clear at the hearing that the former wife and the former husband stipulated that
$28,000 in costs was reasonable for that witness. We agree.
At the beginning of the February 2, 2017, hearing, the former wife's
counsel stated that he had "stipulated with [the former husband's counsel] that, as to
[the accountant's] requested fees, they have agreed that $28,000 of the $45,000 is
reasonable . . . should the court deem those to be included as part of the award."
During the accountant's testimony at the hearing, the former wife's counsel asked the
accountant about his affidavit of accounting fees and costs, and the former husband's
counsel objected on the basis that they had "a stipulation as to the reasonableness of
his fees, . . . so we wouldn't go into all of this at this point in time." The former wife's
counsel asserted that he was "not trying to prove anything different" but that he needed
to "establish that [the accountant] did this work." The former husband's counsel
stipulated that the accountant did his work and agreed to the former wife's counsel
admitting the accountant's affidavit, engagement agreement, and invoice.
It is clear from the transcript of the February 2017 hearing that the parties
stipulated to $28,000 in accounting costs for the former wife. Thus, it was error for the
trial court to disregard that stipulation and order the former husband to pay $45,401.50
in accounting costs. See Johnson v. Johnson, 663 So. 2d 663, 665 (Fla. 2d DCA 1995)
(holding that a stipulation that has been properly entered into should be enforced by the
courts and recognizing "the value which stipulations bring to the legal system in terms of
simplifying issues, limiting or shortening litigation, saving costs to the parties, and
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preserving judicial economy and resources" (citing Dunscombe v. Smith, 190 So. 796
(Fla. 1939))); Lift v. Lift, 1 So. 3d 259, 261 (Fla. 4th DCA 2009) ("Because appropriately
made stipulations entered into by the parties are generally binding on the court as well
as on the parties, the court erred in failing to follow them.").
Accordingly, we reverse the order with directions for the trial court to
reduce the accounting costs as stipulated to by the parties.1 We affirm the remainder of
the order without comment.
Affirmed in part; reversed in part; remanded.
NORTHCUTT and SLEET, JJ., Concur.
1The former wife's exhibit 13 is an invoice that reflects accounting fees
and costs in the amount of $28,743.75. Presumably, this was the amount referenced by
the parties' stipulation.
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