Third District Court of Appeal
State of Florida
Opinion filed February 24, 2021.
Not final until disposition of timely filed motion for rehearing.
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No. 3D19-2203
Lower Tribunal No. 14-12235
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Amruta Nilay Shah,
Appellant,
vs.
Nilay R. Shah,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Victoria del
Pino, Judge.
Amruta Nilay Shah, in proper person.
Nilay R. Shah, in proper person.
Before EMAS, C.J., and SCALES and LOBREE, JJ.
PER CURIAM.
Affirmed. See Rose v. Rose, 883 So. 2d 348, 350 (Fla. 3d DCA 2004)
(noting the movant’s burden in presenting sufficient evidence to support a
motion for temporary attorney’s fees); Phillips v. Phillips, 264 So. 3d 1129,
1132 (Fla. 2d DCA 2019) (holding that to “enable the court to make the
required findings, the party requesting an award of temporary support and
attorney’s fees must present evidence of the financial resources of both
parties, the marital lifestyle, the need for temporary support, and the other
party’s ability to pay. . . . If the party seeking an award of temporary support
and attorney’s fees fails to present sufficient evidence to establish the
parties’ relative need and ability to pay, the trial court has no choice but to
deny the motion.”) See also Applegate v. Barnett Bank of Tallahassee, 377
So. 2d 1150, 1152 (Fla. 1979) (holding: “When there are issues of fact the
appellant necessarily asks the reviewing court to draw conclusions about the
evidence. Without a record of the trial proceedings, the appellate court can
not properly resolve the underlying factual issues so as to conclude that the
trial court's judgment is not supported by the evidence or by an alternative
theory. Without knowing the factual context, neither can an appellate court
reasonably conclude that the trial judge so misconceived the law as to
require reversal.”)
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