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Keywords

settlementattorneyappealtrialmotiondivorce
settlementattorneyappealtrial

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Godwin v. Godwin, 273 So.3d 16, 44 Fla. L. Weekly D1296

Facts

Chad Godwin (the Former Husband) and Stephanie Godwin n/k/a Stephanie Ann Festa (the Former Wife) were involved in a post-divorce dispute over the terms of their marital settlement agreement (MSA) regarding shared parental responsibility for their two minor children. Both parties filed motions for contempt against each other, alleging violations of the MSA and its modifications. The trial court found both parties in contempt, but the Former Husband appealed, arguing that the trial court erred in its findings and in denying his request for attorney's fees.

The marriage between the parties was dissolved in 2013. A marital settlement agreement (“MSA”) was incorporated into the final judgment, including provisions for timesharing of the parties' two minor children.

Issue

Did the trial court err in finding the Former Husband in contempt for allowing his girlfriend to attend a medical appointment and in modifying the MSA without a proper petition?

Did the trial court err in finding the Former Husband in contempt for allowing his girlfriend to attend a medical appointment and in modifying the MSA without a proper petition?

Rule

A judgment of contempt requires clear and precise language in the order, and a party cannot be held in contempt for actions not explicitly prohibited by the order. Additionally, modifications to a final judgment or MSA require a proper petition.

A judgment of contempt requires clear and precise language in the order, and a party cannot be held in contempt for actions not explicitly prohibited by the order.

Analysis

The appellate court determined that the trial court erred in holding the Former Husband in contempt because the MSA did not explicitly prohibit his girlfriend from attending medical appointments. The court also found that the trial court's modification of the MSA was improper as it was made without a proper petition for modification. Furthermore, the court noted that the MSA contained provisions for awarding attorney's fees to the prevailing party, which the trial court failed to enforce.

The appellate court determined that the trial court erred in holding the Former Husband in contempt because the MSA did not explicitly prohibit his girlfriend from attending medical appointments.

Conclusion

The appellate court reversed the trial court's findings of contempt against the Former Husband, the modification of the MSA, and the denial of attorney's fees, remanding the case for further proceedings.

The appellate court reversed the trial court's findings of contempt against the Former Husband, the modification of the MSA, and the denial of attorney's fees, remanding the case for further proceedings.

Who won?

The Former Husband prevailed in the appeal because the appellate court found that the trial court's contempt ruling was not supported by the MSA and that he was entitled to attorney's fees.

The Former Husband prevailed in the appeal because the appellate court found that the trial court's contempt ruling was not supported by the MSA and that he was entitled to attorney's fees.

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