Weber v. Weber
A former wife successfully defeated her former husband's motion to enforce the parties' marital settlement agreement (which said nothing about the disputed submerged land), but the trial court denied her fees under the MSA's prevailing party provision. The Sixth District reversed, holding she prevailed on the significant issue and that a later, unrelated discovery motion decided at the same hearing did not turn the post-judgment litigation into a 'tie.' Chief Judge Traver concurred specially, questioning the sister courts' rule that a prevailing party fee provision automatically displaces section 61.16.
Key facts
- Former wife and former husband disputed submerged land rights; the marital settlement agreement was silent on the subject matter at issue.
- Former husband moved to enforce the MSA as to the submerged land; trial court denied the motion but also denied former wife's request for attorney's fees under the MSA's prevailing party provision.
- +2 more key facts with a free trial
Why it matters
The majority gives family practitioners a clean statement that defeating a motion to enforce an MSA is a substantive prevailing-party win, and that discrete post-judgment skirmishes should not be aggregated into a 'tie'… — full analysis with a trial
🔒 Read the full opinion, holding & search the library
The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision are available to members. Start a free 30-day trial — no credit card.
Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.
Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.