MARSHA L. TAPLIN, APPELLANT,
v.
JACK B. TAPLIN, APPELLEE

Fla. 3d DCA | 1980-07-22
No. 79-2318
Before HUBBART, NESBITT and DANIEL S. PEARSON, JJ.
386 So. 2d 1199 Florida District Court of Appeal, Third District (1980) Positive Treatment
Cited by 4 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

In this Florida family law appeal, the wife challenges a postjudgment order limiting her attorney's fees to $6,429.40 (the amount escrowed) rather than the requested $15,000, and contends the fees should be assessed against the husband's escrow interest rather than her own. The appellate court affirms the fee amount but allows the wife to seek reconsideration of which party's escrowed funds should bear the fee obligation.


Holding

The court affirmed the trial court's fee award of $6,429.40, holding that fee determinations rest within the trial court's sound discretion and an appellate court will not substitute its judgment absent abuse of discretion. The court declined to address the allocation issue because the trial court made no finding or ruling on that question, but allowed the wife to pursue relief in the trial court on this point without prejudice.


Headnotes

[1] A trial court has discretion to determine the amount of attorneys' fees awarded.

[2] An appellate court will not substitute its judgment for that of the trial court regarding attorneys' fees absent an abuse of discretion.

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Key Quotes

“it was within the sound discretion of the trial court to determine the amount of attorneys' fees, Krasner v. Krasner, 339 So. 2d 674 (Fla. 3d DCA 1976), and, absent an abuse of that discretion, an appellate court will not substitute its judgment for that of the trial court in making such an award”

Establishes the standard of review for attorney's fee awards—trial court discretion is paramount and appellate courts will not second-guess such awards absent abuse.

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Facts & Procedural History

The parties' marriage was dissolved with property rights settled by written stipulation. The stipulation required the husband to pay the wife's attorn…

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Opinion of the Court
NESBITT, Judge.

NESBITT, Judge.

Appellant-wife brings this interlocutory appeal challenging a postjudgment order concerning attorneys’ fees on the grounds that: (1) the amount of fees awarded was inadequate; and (2) counsel fees were improperly assessed against her portion of an escrow fund rather than against her husband.

The marriage between the parties had been previously dissolved and all property rights settled by written stipulation. One clause thereof, which is in dispute in the present controversy, provides:

The Husband agrees to pay the Wife’s attorneys, Cypen & Nevins, a reasonable fee for services rendered in their representation of the Wife. Each party presently has an interest in the sum of $6,429.40 currently being held in escrow by the Wife’s attorneys. Said amount shall be paid to the Wife’s attorneys toward their fees and costs. The Wife’s attorneys believe that the Husband’s share is an insufficient amount to be paid by the Husband and they may apply to the Circuit Court for additional fees from the Husband. The Husband, in no way, agrees to be responsible for such additional fees unless so ordered by the Court.

The wife’s counsel applied the sum of $6,429.40 toward their fee and applied to the court for additional fees. At the hearing, the presentation of expert testimony was waived and wife’s counsel testified that a minimum of 125 to 150 hours had been spent in counseling and representing the wife over a three-year period and argued to the court that a $15,000 fee was reasonable. The husband’s counsel successfully argued before the trial court that the amount of attorneys’ fees had been settled by the above contractual provision. The trial court then entered an order determining the wife’s counsel fees to be $6,429.40. In the wife’s first point on appeal, she contends the total amount of the fee awarded was inadequate. We hold that it was within the sound discretion of the trial court to determine the amount of attorneys’ fees, Krasner v. Krasner, 339 So. 2d 674 (Fla. 3d DCA 1976), and, absent an abuse of that discretion, an appellate court will not substitute its judgment for that of the trial court in making such an award, Goldberg v. Goldberg, 327 So. 2d 828 (Fla. 3d DCA 1976).

Secondly, the wife contends that the trial court erred in failing to assess the attorneys’ fees against the husband. Initially, the funds escrowed with the wife’s counsel were in the approximate sum of $15,000. This amount originated from the proceeds of the sale of jointly held assets. During the parties’ separation and negotiations that followed, the husband made withdrawals, with the wife’s consent, from his portion of the escrow fund. At the time the order appealed from was entered, the husband’s interest in the escrow account was in the sum of $1,476.70 and the wife’s remaining interest was $4,952.70. The wife contends that by the trial court’s order it has, in effect, required the husband to pay $1,476.70 rather than the entire amount of the fee. In the order appealed from, the trial court made no finding or ruling upon this issue and consequently it will not be addressed by this court. Chipola Nurseries, Inc. v. Div. of Admin. Dept. of Transp., 335 So. 2d 617 (Fla. 1st DCA 1976); Security Mutual Casualty Company v. Bleemer, 327 So. 2d 885 (Fla. 3d DCA 1976).

Accordingly, the order determining the amount of attorneys’ fees is affirmed without prejudice for the wife to seek an order in the trial court charging the fees against the husband.

Affirmed.


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Citator

Cited By

  • Price v. Price, 389 So. 2d 666 (Fla. 3d DCA 1980)
    …required to pay $7,500 toward the wife’s attorneys’ fees of $10,000 and costs as she had the means to provide them. We hold this award to be within the discretion of the trial judge and find no abuse. Canakaris v. Canakaris, supra; Taplin v. Taplin, 386 So. 2d 1199 (Fla. 3d DCA 1980); Pfohl v. Pfohl, 345 So. 2d 371 (Fla. 3d DCA 1977); Mertz v. Mertz, 287 So. 2d 691 (Fla. 2d DCA 1973). The wife’s contention on her cross-appeal that the husband should have been required to pay the entire amount is without merit.…
  • Davidson v. Davidson, 395 So. 2d 600 (Fla. 3d DCA 1981)
    …RIAM. Despite her claim that the amount was inadequate, there is no showing that the trial court abused its discretion in fixing the attorney’s fees awarded the appellant-wife. Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980); Taplin v. Taplin, 386 So. 2d 1199, 1200 (Fla. 3d DCA 1980); compare, March v. March, 395 So. 2d 200 (Fla. 3d DCA 1981). Affirmed.…

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