ANDREW J. DICKERSON, APPELLANT,
v.
PEGGY J. DICKERSON, APPELLEE
SHIVERS, Judge.
. This is an appeal from a final judgment of dissolution of marriage. We affirm all portions of the judgment except the $3,000 attorney fee awarded to appellee. The Circuit Court erred in awarding a fee to appel-lee for her attorney’s services because there was no evidence as to the reasonableness of the fee award. Johnson v. Johnson, 382 So. 2d 799 (Fla. 1st DCA 1980); Snider v. Snider, 375 So. 2d 591 (Fla. 3d DCA 1979).
Therefore, the attorney fee award is reversed and remanded to the Circuit Court for the taking of further evidence.
Additionally, we provisionally grant the motion of appellee for a reasonable attorney fee award on account of her attorney’s services on appeal. Dresser v. Dresser, 350 So. 2d 1152 (Fla. 1st DCA 1977). The case is remanded to the Circuit Court for a determination of the amount of a reasonable fee, if any, that appellant should be required to pay because of disparity in the parties’ needs and abilities to pay.
AFFIRMED in part, REVERSED in part, and REMANDED.
ERVIN and LARRY G. SMITH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Simpson v. Simpson, 440 So. 2d 648 (Fla. 2d DCA 1983)…pson’s legal counsel. The trial court ordered Mr. Simpson to pay to Mrs. Simpson’s attorneys $300.00 as partial payment of her attorneys’ fees. There is no evidence in the record concerning the reasonableness of that award. Dickerson v. Dickerson, 395 So. 2d 1252 (Fla. 1st DCA 1981); Tanner v. Tanner, 391 So. 2d 305 (Fla. 4th DCA 1980); Feldman v. Feldman, 390 So. 2d 1231 (Fla. 3d DCA 1980). Both parties concede that the trial court erred in awarding the fees without taking evidence as to reasonableness. W…
Authorities Cited
- Peavy v. State, 350 So. 2d 1152 (Fla. 1st DCA 1977)
- Dresser v. Dresser, 350 So. 2d 1152 (Fla. 1st DCA 1977)
- Dubois v. The Keyes Co., 375 So. 2d 591 (Fla. 3d DCA 1979)
- Snider v. Snider, 375 So. 2d 591 (Fla. 3d DCA 1979)
- Johnson v. Adeline S. Johnson, 382 So. 2d 799 (Fla. 1st DCA 1980)