Michelle Pimienta (“Mother”) appeals a final order granting David Rosenfelds (“Father”) motion to dismiss the Mothers supplemental petition for modification as to parental responsibility and time sharing and the denial of her motion for attorneys fees. We have jurisdiction. Fla. R. App. 9.030(b)(1)(A).
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For the reasons discussed below, we affirm the trial courts dismissal of the Mothers supplemental petition without further discussion, and reverse and remand on the denial of attorneys fees.
Throughout the proceedings, the Mother consistently sought attorneys fees based on the Fathers greater ability to pay. Section 61.16(1), Florida Statutes, requires that the trial court take into consideration the parties ability to pay when awarding attorneys fees and costs. See Troike v. Troike, 271 So. 3d 1069, 1073 (Fla. 3d DCA 2019); Gudur v. Gudur, 277 So. 3d 687, 693-94 (Fla. 2d DCA 2019) (“The trial court cannot deny a request for attorneys fees under section 61.16 without making findings as to one partys ability to pay an award of fees and the other partys need for the payment of fees.”).
Specifically, after the filing of the supplemental petition, she made several motions for attorneys fees arguing her financial need and the Fathers ability to pay fees. The trial court may consider motions for attorneys fees “from time to time,” including during post dissolution modification proceedings. § 61.16, Fla. Stat.; see Rorrer v. Orban, 215 So. 3d 148, 152 (Fla. 3d DCA 2017); Juhl v. Juhl, 328 So. 3d 1031, 1032-33 (Fla. 2d DCA 2021) (“[Section 61.16] does not impose a thirty-day limitation on a trial courts postjudgment jurisdiction to consider fee motions.”).
The Mother properly raised motions for attorneys fees after the final judgment dealing with costs of representation incurred based on post-dissolution proceedings. However, the trial court summarily dismissed the Mothers requests without making any findings regarding the parties’ respective needs and ability to pay. The order merely provided:
All other motions filed in this case were either subsumed in the amended final judgment or are now moot.
The trial courts summary denial of the Mothers motion for attorneys fees, without making any findings regarding the parties’ need and ability to pay, is reversible error. See Gudur, 277 So. 3d at 693; Rawson v. Rawson, 264 So. 3d 325, 332 (Fla. 1st DCA 2019) (“In simply denying [attorneys] fees without further explanation, the trial court erred.”). Where a motion for attorneys fees is made on the cost of litigation incurred for post-dissolution proceedings, the motion cannot be considered moot as contained in the final judgment. See generally Herce v. Maines, 317 So. 3d 1211, 1215 (Fla. 2d DCA 2021) (recognizing that the order dismissing the former wifes contempt motion as moot was final); Baldwin v. Baldwin, 204 So. 3d 565, 567 (Fla. 5th DCA 2016) (“An issue is moot when the controversy has been so fully resolved that a judicial determination can have no actual effect.”). The failure to make such findings constitutes reversible error.
Affirmed in part; reversed in part and remanded for further proceedings consistent with this opinion.
FOOTNOTES
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. The trial court granted the Fathers motion to dismiss without prejudice. See GMI, LLC v. Asociacion del Futbol Argentino, 174 So. 3d 500, 501 (Fla. 3d DCA 2015). “An order that dismisses an action ‘without prejudice’ may or may not be a final order depending on whether it unequivocally disposes of the case.” Hinote v. Ford Motor Co., 958 So. 2d 1009, 1010 (Fla. 1st DCA 2007). As reflected within the record, the order on appeal granted the motion to dismiss, summarily dismissed any pending motions and disposed of all claims. We find this is an appealable, final order.
GORDO, J.