Elyssa A. Street v. David A. Street
CourtDistrict Court of Appeal of Florida
Date FiledDecember 23, 2020
Docket2D19-4625
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
ELYSSA A. STREET, )
)
Appellant, )
)
v. ) Case No. 2D19-4625
)
DAVID A. STREET, )
)
Appellee. )
)
Opinion filed December 23, 2020.
Appeal from the Circuit Court for Collier
County; John O. McGowan, Judge.
Raymond J. Rafool and David R. Hazouri of
Rafool, LLC, Miami, for Appellant.
Mark V. Silverio and Cynthia B. Hall of
Silverio & Hall, P.A., Naples, for Appellee.
VILLANTI, Judge.
Elyssa Street (the Former Wife) appeals the final judgment for attorneys'
fees and costs entered in the dissolution action against David A. Street (the Former
Husband). After a thorough review of the extensive record on appeal and consideration
of the arguments made during oral argument, we find no error in the rulings actually
made by the trial court. However, as the Former Husband properly concedes, the trial
court did err by not awarding the Former Wife prejudgment interest on the attorney's fee
award from the date the trial court found that she was entitled to such an award until the
date the fee judgment was rendered. See Quality Engineered Installation, Inc. v. Higley
S., Inc., 670 So. 2d 929, 930-31 (Fla. 1996). Therefore, we reverse the fee judgment
only to the extent that it does not include such an award, and we remand for the trial
court to determine and award the amount of prejudgment interest to which the Former
Wife is entitled. In all other respects, the final judgment for attorney's fees and costs is
affirmed.
Affirmed in part, reversed in part, and remanded with instructions.
CASANUEVA and LABRIT, JJ., Concur.
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