A Florida court has dismissed part of an appeal filed by Destiny L. Aguilar against Jesus Aguilar Jr. concerning attorney's fees. The District Court of Appeal of Florida ruled on September 18, 2026, in case number 6D2025-2485. This ruling is significant as it clarifies the standards for appealing attorney's fee sanctions in family law cases.
The court's decision affects both parties involved in the case, as well as others who may face similar legal disputes regarding attorney's fees. Understanding the court's ruling is essential for individuals navigating family law matters in Florida.
Background
Destiny L. Aguilar and Jesus Aguilar Jr. are involved in a family law dispute that has led to their case being heard in the District Court of Appeal of Florida. The case originated in the Circuit Court for Polk County, where the trial court issued an order that included a sanction for attorney's fees against Destiny Aguilar.
The appeal arises from Destiny Aguilar's challenge to this portion of the trial court's order. She sought to contest the imposition of attorney's fees, which she believed was unjust. However, the legal framework surrounding appeals in family law cases, particularly regarding attorney's fees, played a crucial role in the court's decision.
The Ruling
The court ruled to dismiss the appeal concerning the attorney's fee sanction. The judges referenced a previous case, Schmidt v. Schmidt, which established that an order merely finding entitlement to attorney's fees without specifying an amount is a non-final, non-appealable order. The court stated, "Although the trial court found that [the appellee] was entitled to attorney’s fees... it did not award an amount. An order merely finding entitlement to attorney’s fees is a non-final, non-appealable order."
In addition to dismissing part of the appeal, the court affirmed the trial court's order in its entirety. The ruling emphasized that claims for which an appellant has not presented sufficient argument are waived. The court noted, "It is a well-established maxim of appellate practice that claims for which an appellant has not presented any argument... are insufficiently presented for review and are waived." Judges Constance J. Travers and Angela Stargel concurred with the ruling.
Impact
This ruling has important implications for future cases involving attorney's fees in family law disputes. It clarifies that parties cannot appeal a trial court's finding of entitlement to fees if the amount has not been determined. This means that individuals facing similar situations must wait until the trial court has finalized the amount of fees before they can seek appellate review.
The decision also reinforces the need for appellants to present clear arguments in their appeals. Without sufficient argumentation, claims may be dismissed, leaving parties without recourse in challenging trial court decisions. This ruling may influence how future cases are argued and what strategies are employed by attorneys and pro se litigants alike.
What's Next
Details were not available in the court filing regarding whether Destiny Aguilar plans to appeal further. However, since the court affirmed the trial court's order in part, any further appeal would likely focus on the specifics of the attorney's fees once they are determined.