Fogel

This is an appeal by Elizabeth Arabella Fogel from an order denying her application for attorney’s fees and costs in proceedings had subsequent to the entry of an interlocutory decree awarding her a divorce from Jerry Fogel.

The parties had entered into a property settlement agreement, which was approved by the court and incorporated in the decree. Appellant states in her opening brief: “By the terms and provisions of said ‘Settlement Agreement’ it was expressed provided by the appellant and respondent herein that except as provided in paragraph ‘ 33 ’ of said 1 Settlement Agreement’ wife (appellant) released husband (respondent) of any and all further claims for attorney’s fees; court costs and expenses that wife may incur in the future on her behalf for any purpose.

“Paragraph ‘33’ of said ‘Settlement Agreement’ provides; ‘In. the event any'further action is ■ ever brought to enforce any of the terms of this Agreement, .then the prevailing party, shall'be entitled to receive the reasonable attorney’s fees' and court costs and expenses incurred by him or her in the bringing or defending of said action. ’ ”

It was the contention of appellant in the trial court and is asserted…