Jason Garmon v. Meagan Garmon
Docket 6D2024-1564
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- Florida
- Court
- District Court of Appeal of Florida
- Type
- Opinion
- Case type
- Family
- Disposition
- Reversed
- Docket
- 6D2024-1564
Appeal from an order awarding attorney's fees and denying a rehearing in a post-dissolution of marriage proceeding.
Summary
The Sixth District Court of Appeal reversed a trial-court order awarding attorney’s fees to Meagan Garmon in a post-dissolution proceeding and also reversed the denial of Jason Garmon’s rehearing request. The appeals court held that the record lacked competent, substantial evidence demonstrating Former Wife’s need for fee awards. Because the trial court’s finding of need was unsupported, the appellate court reversed the fee award, relying on Florida precedent requiring competent evidence of need before awarding attorney’s fees in family-law matters.
Issues Decided
- Whether competent substantial evidence supported the trial court’s finding that the former wife needed attorney’s fees.
- Whether the sufficiency-of-evidence challenge could be raised for the first time on rehearing or appeal.
Court's Reasoning
The appellate court concluded that the trial record lacked competent, substantial evidence to show the former wife's need for attorney’s fees, which is a required basis for awarding fees in dissolution-related proceedings. The court applied established Florida precedent that requires concrete proof of need before fee awards are upheld. Because that evidentiary showing was absent, the fee award could not stand and was reversed.
Authorities Cited
- Rosen v. Rosen696 So. 2d 697 (Fla. 1997)
- Saporito v. Saporito831 So. 2d 697 (Fla. 5th DCA 2002)
- Brauchman/Broemer and related Florida DCA decisionsBroemer v. Broemer, 109 So. 3d 284 (Fla. 1st DCA 2013); Bauchman v. Bauchman, 253 So. 3d 1143 (Fla. 4th DCA 2018)
Parties
- Appellant
- Jason Garmon
- Appellee
- Meagan Garmon
- Judge
- Elaine A. Barbour
- Attorney
- Allison M. Perry
- Attorney
- Wade P. Luther
Key Dates
- Decision date
- 2026-05-01
What You Should Do Next
- 1
Consult counsel about remand options
The former wife should consult her attorney to determine whether to present additional competent evidence of need to the trial court or seek other post-judgment relief consistent with the appellate decision.
- 2
Prepare evidence of need if seeking fees again
If seeking attorney’s fees on remand, assemble and submit admissible financial evidence and testimony showing inability to pay and the reasonableness of fees.
- 3
Consider further appellate review
Either party should discuss with counsel whether to seek further review by the Florida Supreme Court and evaluate grounds and deadlines for such review.
Frequently Asked Questions
- What did the court decide?
- The appeals court reversed the trial court's award of attorney's fees to the former wife because the record did not contain competent substantial evidence showing she needed fees.
- Who is affected by this decision?
- Both parties in the dissolution case are affected: the former wife will not receive the attorney's fees awarded by the trial court absent a proper evidentiary showing, and the former husband obtained a reversal of that award.
- What happens next in the case?
- The fee award has been reversed; the trial court may need to reconsider fees if the wife can present competent evidence of need on remand or in further proceedings.
- Can this decision be appealed further?
- The decision could be subject to further review, such as a petition for review to the Florida Supreme Court, but standard appellate avenues and time limits apply.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
Case No. 6D2024-1564
Lower Tribunal No. 2018-DR-006333
_____________________________
JASON GARMON,
Appellant,
v.
MEAGAN GARMON,
Appellee.
_____________________________
Appeal from the Circuit Court for Orange County.
Elaine A. Barbour, Judge.
May 1, 2026
MARLEWSKI, C.A., Associate Judge.
Former Husband, Jason Garmon, appeals an order awarding attorney’s fees to
his Former Wife, Meagan Garmon, in an underlying post-dissolution of marriage
proceeding as well as the order denying his request for a rehearing on the fees
motion. Former Husband argued for the first time in his motion for rehearing that
Former Wife failed to prove her need for attorney’s fees by competent substantial
evidence which should result in the reversal of the court’s order granting fees. 1 We
agree. Because the record lacks competent substantial evidence to support Former
Wife’s need for attorney’s fees, we reverse the award. See Saporito v. Saporito, 831
So. 2d 697, 701 (Fla. 5th DCA 2002); Rosen v. Rosen, 696 So. 2d 697, 699 (Fla.
1997); Broemer v. Broemer, 109 So. 3d 284, 290 (Fla. 1st DCA 2013); Lau v. Lau,
407 So. 2d 927, 928 (Fla. 3d DCA 1981); Zahringer v. Zahringer, 813 So. 2d 454,
457 (Fla. 4th DCA 2002); Bohner v. Bohner, 997 So. 2d 454, 457 (Fla. 4th DCA
2008); Bauchman v. Bauchman, 253 So. 3d 1143, 1148-49 (Fla. 4th DCA 2018);
Graydus v. Graydus, 414 So. 3d 213, 215 (Fla 4th DCA 2025); Carlson v. Carlson,
719 So. 2d 936, 936 (Fla. 4th DCA 1998).
REVERSED.
STARGEL and SMITH, JJ., concur.
Allison M. Perry, of Florida Appeals, P.A., Tampa, for Appellant.
Wade P. Luther, of The Law Office of Wade P. Luther, P.A., Montverde, for
Appellee.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING
AND DISPOSITION THEREOF IF FILED
1
A party may raise sufficiency of the evidence for the first time on appeal
even if not raised in a motion for rehearing. See Fla. Fam. L. R. P. 12.530(e) (“When
an action has been tried by the court without a jury, the sufficiency of the evidence
to support the judgment may be raised on appeal whether or not the party raising the
question has made any objection to it in the trial court or made a motion for
rehearing, for new trial, or to alter or amend the judgment.”).
2