The 2024 Florida Statutes
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. . . Appellee, Christine Bowser (“Mother”), has moved for appellate attorney’s fees pursuant to section 742.045 . . . In 1991, the Florida Legislature, enacted section 742.045. . . . . § 742.045, Fla. Stat. (2015). . . . Therefore, when the Legislature enacted section 742.045 in 1991- and utilized the identical language . . . The Legislature did not similarly amend section 742.045. . . . Drogan, while section 742.045, Florida Statutes (2015), “specifically identifies enforcement and modification . . . Thus, I would give meaning to all of the language within section 742.045, and find no grounds to recede . . .
. . . In 1991, the Legislature adopted section 742.045, Florida Statutes, as part of the chapter of statutes . . . defending any proceeding under this chapter, including enforcement and modification proceedings. § 742.045 . . . Inserting missing language into section 742.045 by judicial interpretation, or ignoring the words “under . . . My view of section 742.045 adds nothing to the plain statutory language, nor does it lead to either an . . . As such, creating an appellate attorney’s fee award under section 742.045 by amending or rewriting the . . . We now apply the plain meaning of the first sentence of section 742.045, Florida Statutes (2016), which . . . Since 1991, section 742.045, in pertinent part, has been straightforward: The court may from, time to . . . defending any proceeding under this chapter, including enforcement and modification proceedings. § 742.045 . . . , Florida Statutes, it must have impliedly rejected" such an inclusion of appellate fees in section 742.045 . . .
. . . As a paternity case, the applicable statute is section 742.045, Florida Statutes (2014), not section . . . Section 742.045 is "nearly identical to the text and function of section 61.16,” therefore Rosen applies . . .
. . . The fees were awarded pursuant to section 742.045, Florida Statutes (2014), which authorizes a court . . .
. . . Hernandez in light of this opinion and section 742.045, Florida Statutes (2013), which permits an award . . .
. . . appellate attorneys’ fees for the circuit court to consider her entitlement, and amount, under section 742.045 . . . Section 742.045 does not expressly authorize an award of appellate attorneys’ fees in paternity actions . . . But, when section 742.045 was enacted in 1991, it mirrored the attorneys’ fees provision of section 61.16 . . . Therefore, in enacting section 742.045, the legislature is presumed to have known and approved of the . . . Hence, we hold that an award of appellate attorneys’ fees may be obtained under section 742.045. . . .
. . . See § 742.045, Fla. . . .
. . . Section 742.045 provides for the award of attorney’s fees in paternity proceedings: The court may from . . . In enacting section 742.045, the Legislature copied the language of section 61.16 and thus is presumed . . . Thus, section 742.045 should be interpreted consistently with the judicial construction given to the . . . Although section 742.045 is not a prevailing party attorney’s fees statute, the legislative directive . . . It is that construction which should control the interpretation of section 742.045. . . .
. . . those cases hold that attorney’s fees cannot be awarded on appeal in a paternity action because section 742.045 . . . It is true that both section 742.045 and section 742.031 authorize an award of attorney’s fees in paternity . . .
. . . Avery are dissolution of marriage cases, they are applicable to this paternity action because section 742.045 . . .
. . . court that in determining an award of attorney’s fees, it should consider the provisions of section 742.045 . . .
. . . the court shall order the father to pay ... moneys sufficient to pay reasonable attorney’s fees”); § 742.045 . . .
. . . In response to the voluntary dismissal, Yambert filed a motion seeking an award of section 742.045 attorney . . . paternity lawsuit (which was still pending before a different judge on Yambert’s motion for section 742.045 . . . Section 742.045 of the Florida Statutes (2001) authorizes the award of attorney’s fees in paternity actions . . . as follows: 742.045. . . .
. . . In order to award fees under section 742.045, the trial court must find that the party has the ability . . . Linn, 727 So.2d 386, 388 n. 3 (Fla. 5th DCA 1999) (“Obviously section 742.045 is not a prevailing party . . . Guerin, 819 So.2d at 971 (“As a paternity case, the right to fees resides in section 742.045, not section . . . Nevertheless, because section 742.045 is nearly identical to the text and function of section 61.16, . . . Rosen applies to the consideration of fees under section 742.045.”). . . .
. . . As a paternity case, the right to fees resides in section 742.045, not section 61.16. . . . Nevertheless, because section 742.045 is nearly identical to the text and function of section 61.16, . . . Rosen applies to the consideration of fees under section 742.045. . . .
. . . In a footnote, the court noted that “[s]ection 742.045 of the paternity statute does not authorize appellate . . . Thus section 742.045 could not be “bootstrapped” into supporting an award of temporary appellate fees . . .
. . . Section 742.045 of the paternity statute does not authorize appellate fees. . . . Obviously section 742.045 is not a prevailing party statute, but rather is based on need and ability . . . Thus, the provision for fees in section 742.045 cannot be bootstrapped into supporting an award of temporary . . .
. . . She later requested attorney’s fees at the fees hearing pursuant to section 742.045. . . . fees in this action, and the effect of her initial reliance on section 742.031, rather than section 742.045 . . . At the fee hearing, Linn requested fees pursuant to section 742.045. . . . Both section 742.031 and 742.045 are in chapter 742, “Determination of Parentage.” . . . Here, section 742.045 would be applicable to these proceedings. . . . The trial court asked Linn whether she was requesting fees under section 742.031 or section 742.045. . . . Linn specifically adopted section 742.045, a section which she had never previously cited. . . . Section 742.045 is broader. . . . claimed section 742.045 as a basis for fees was at the fees hearing. . . . Linn’s failure to timely seek fees under section 742.045 precludes a fee award under that section. . . .
. . . See § 742.045, Fla. Stat. (1995). . . . .
. . . . § 742.045, Fla. Stat. (1995). . . .
. . . See § 742.045, Fla. Stat. (1993). . . .
. . . (Supp.1994) (emphasis added); see also § 742.045, Fla.Stat. (1993). . . .
. . . See sections 742.045-.06, Fla. Stat. (1991). . Ch. 93-208, § 5, at 1605-09, Laws of Fla. (1993). . . .
. . . child support, and visitation issues in the case pursuant to section 61.16, and alternatively, section 742.045 . . .
. . . the decision below and to the date of oral argument before this Court the legislature created section 742.045 . . .