Filing # 129041569 E-Filed 06/18/2021 12:20:07 PM
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL
CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA
CASE NO: 2019-009867-FC-04
SECTION: FC01
Shapiro, Gabriel Carl
Petitioner(s)
vs.
Alcantar Saucedo, Patsy Evelyn
Respondent(s)
____________________________/
REPORT AND RECOMMENDATION OF GENERAL MAGISTRATE
THIS CAUSE came to be heard on June 2nd, 2021, before General Magistrate Carlos L.
Fernandez pursuant to the Order of Referral to General Magistrate, referred to the undersigned
on Respondent's Motion for Attorney fees and Costs, by Judge Ivonne Cuesta. Present at the
hearing the petitioner Gabriel Carl Shapiro and his attorney Leslie Ferderigos, Esquire and
the Respondent Patsy Evelyn Alcantar and her attorneys Dori Foster Morales and Nicole
Alvarez and a court reporter Ronnie Gugler from Daughters Reporters. The undersigned,
having reviewed the pleadings and hearing arguments by the parties, the matter being
electronically recorded as required by the Family Law Rules of Procedure and a court reporter
being present, and being otherwise fully advised on the premises, the Court finds and
recommends:
FINDS:
1. The undersigned has jurisdiction over the subject matter and the parties
herein.
2. The issue before this Court is the respondent mother’s motion for attorney’s
fees, costs and suit money
3. After having heard testimony from the parties, having reviewed the evidence,
and based upon substantial and competent evidence, the undersigned finds:
1. The parties were married on January 29, 2016. They separated in 2019. This is a
short-term marriage of approximately three years. This is post dissolution
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litigation.Two children were born of the marriage between the parties ages 2 and 4.
1. The parties entered into a marital settlement agreement on December 20, 2019.
The marriage between the parties was dissolved on January 13, 2020. The final
judgment for dissolution of marriage ratified the marital settlement agreement. The
respondent mother accepted a settlement of $1.327 million. The parties agreed
that the money would be paid to the respondent mother over 24 months.
1. The parties have had substantial post judgment litigation. The respondent mother
has filed a motion for attorney fees and costs. The respondent mother testified
that she retained attorney Dori Foster Morales and her law firm and agreed to pay
their fee. She makes minimal income and uses her assets to help support herself
and her two children. She has paid the law firm $50,000.00 to date. She testified
that she will have to pay the current fees with a substantial part of the assets she
received from the dissolution of marriage. Dori Foster Morales the attorney for the
respondent mother testified that she is a member of the Florida Bar. She has been
practicing law for 31 years. Nicole Alvarez an associate of the firm has been
practicing law for 11 years. Dori Foster Morales is board certified in Family Law.
She is considered an expert in Family Law. She is the President of the Florida
Bar. Her currently hourly rate is $725.00 per hour. Her normal hourly rate has
been awarded in other cases. A retainer agreement was provided that shows that
Dori Foster Morales’ fees are $675.00 per hour, her associates fees are $375.00
per hour and the paralegal’s fees are $190.00 per hour. Ms. Foster Morales
testified that she spent 109.75 hours of her time on this case and that Nicole
Alvarez spent 265.68 hours of her time on this case and the paralegal Vanessa
Mendez spent 30.93 hours in this case. When you average out the hourly rates
and time spent, it comes out at $468.00 per hour. The costs incurred in this case
are $356.35 for photocopies; $980.00 for court reporter attendance fees; $1,595.00
for process server fees; $15.00 for filing fees; $23.00 for copy service cost;
$2,843.09 for Westlaw and $48.10 for Federal Express costs for a total of
$5,864.64. She is requesting that the petitioner father pay her fees of $181,787.95
and $5,864.64 in costs.The respondent mother testified that she is a Yoga
instructor. Currently she works part time at a retail shop in a Yoga studio earning
minimum wage. She does not teach Yoga. The Covid 19 pandemic has clearly
impacted the Yoga business. The petitioner father argues that the respondent
mother could earn $90,000.00 per year as a Yoga instructor. The respondent
mother has never earned this amount. No proof was provided that she could earn
this amount. The parties had previously stipulated that minimum wage will be
imputed to the respondent mother in the amount of $1,499.33 per month gross
income. She receives $1,000.00 per month in child support from the petitioner
father.
Case No: 2019-009867-FC-04 Page 2 of 5
1. The respondent mother currently has assets in the amount of $890,000.00 which is
what remains of the money that was awarded to her from the dissolution. This
includes a scheduled payment of $526,000 paid to her by the petitioner father on
the day of the hearing. She uses her assets to help pay her living expenses and
the children’s living expenses.The petitioner father is an attorney licensed to
practice in Florida. He testified that he does not practice law but he does
consulting work. He earns his income doing consulting and as an investor in
multiple start-up companies. He has approximately $11,000,000.00 in assets. He
earns $12,500.00 per month in gross income according to his financial affidavit.
He lives in a $4 million dollar penthouse apartment. He had approximately
$250,000.00 in bank accounts and $2,000,000.00 in brokerage accounts according
to his financial affidavit. He has other assets. He testified that he has paid over
$350,000.00 for the litigation in this case including $180,000.00 for his attorney's
fees and costs, $150,000.00 in doctor’s fees, $30,000.00 for supervised
timesharing, and $10,000.00 for the Guardian Ad Litem. The petitioner father
recently spent $78,000.00 in religious donations. He pays $1,000.00 per month in
child support to the respondent mother. He also pays for the minor child’s daycare
and other expenses. A great amount of the litigation and costs in this case have
been caused by the petitioner father’ numerous unfounded allegations of abuse of
the child by the mother and her paramours. The petitioner father has accused the
respondent mother of prostitution and that she had mental health issues. The
petitioner father avoided service of process and has failed to provide discovery
which has increased the litigation and prolonged this case.The attorney for the
petitioner father stipulated to the hourly rate requested by attorney Dori Foster
Morales and her firm and the hours spent on the case. The petitioner father
testified that he felt the amount of fees were unreasonable but did not testify as to
which hours were or whose fees were unreasonable. This Court finds that the
hourly rate charged by the respondent mother’s attorneys Dori Foster Morales and
Nicole Alvarez and the paralegal are reasonable. The amount of time spent on the
case is reasonable. The costs are reasonable. The attorney for the petitioner
father argues that the respondent mother has the assets to pay her attorney fees.
She argues that it would cost her only 12% of her assets to pay her own fees. She
argues that the respondent mother has retained one of the more expensive
attorneys in Florida and she should pay her own fees.The case law provides that
the Court may award attorney fees and costs to a party who maintains or defends
any proceeding filed under Chapter 61. The purpose and rationale for an award is
to ensure that both parties to a family law proceeding have similar ability to secure
competent legal counsel. It is not necessary that one spouse be completely
unable to pay attorney’s fees in order for the trial court to require the other spouse
to pay these fees. Canakaris vs Canakaris, 382 So. 2d 1197 (Fla. 1980). It is well
established that in dissolution cases that the attorneys fee and cost are to be born by the
party who has superior or greater ability to pay. Gomez v. Gomez 642 So.2d 107 (Fla. 3rd
DCA 1994). In the present case, the petitioner father’ assets ($11,000.000.00) are
Case No: 2019-009867-FC-04 Page 3 of 5
worth eleven times the value of the assets that the respondent wife has
($890,000.00) and the petitioner father earns almost eight times the annual income
($150,000.00) that the respondent wife earns ($18,000.00). The parties’ assets
and incomes are disparate. The petitioner father clearly has the greater and far
superior ability to pay the respondent mother’s attorney fees and costs and should
be ordered to do so.
Recommendations:
Grant the respondent mother’s motion for attorney’s fees and costs. The
respondent mother has the need and the petitioner father has the far superior ability to
pay the respondent mother’s attorney’s fees and costs. The petitioner father Gabriel
Carl Shapiro shall pay the respondent mother Patsy Evelyn Alcantar $181,787.95 in
attorney fees and paralegal fees and $5,876,70 in costs within 10 days from the date
of this report and recommendation.
WHEREFORE, the undersigned General Magistrate files this Report with the Office of
the Clerk of the Court and recommends entry of an Order approving the same.
DATED in Miami-Dade County, Florida on this 18th day of June, 2021.
2019-009867-FC-04 06-18-2021 12:09 PM
Carlos L Fernandez
GENERAL MAGISTRATE / HEARING
OFFICER
Electronically Signed
Electronically Served:
Amanda Nicole Perez Tackenberg,
[email protected] Amanda Nicole Perez Tackenberg,
[email protected] Amanda Nicole Perez Tackenberg,
[email protected] Anastasia M Garcia,
[email protected] Anastasia M Garcia,
[email protected] Anastasia M Garcia,
[email protected] Dori Foster-Morales,
[email protected] Dori Foster-Morales,
[email protected] Dori Foster-Morales,
[email protected] Gabriel Carl Shapiro,
[email protected] Gabriel Shapiro,
[email protected] Leslie Ann Ferderigos,
[email protected]Case No: 2019-009867-FC-04 Page 4 of 5
Leslie Ann Ferderigos,
[email protected] Nicole Alvarez,
[email protected] Nicole Alvarez,
[email protected] Physically Served:
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