JAMES WESTLEY, APPELLANT,
v.
MELODY WESTLEY, APPELLEE
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PER CURIAM.
After skirmishing in two States under the uniform child custody law [see: Section 61.132 et seq., Florida Statutes (1979)], the mother was ultimately awarded the custody of two minor children by the Circuit Court of the Eleventh Judicial Circuit in and for Dade County. Subsequently, the trial judge awarded her counsel attorney’s fees in the amount of $8,000.00, which is the subject of this appeal. We reverse.
The services may have warranted a fee, but the record fails to disclose that the father has assets that will enable him to respond to such an order. We therefore reverse the order of fees here under review, and return the matter to the trial court for a further hearing on the petition for fees, at which time fees should be awarded, if any, based on the needs of the mother and her ability or inability to pay a fee and the father’s ability or inability to pay. Patterson v. Patterson, 348 So. 2d 592 (Fla.1st DCA 1977); Snider v. Snider, 375 So. 2d 591 (Fla.3d DCA 1979); Droubie v. Droubie, 379 So. 2d 1331 (Fla.2d DCA 1980); Section 61.-16, Florida Statutes (1979). Reversed and remanded for further proceedings.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gochenour v. Gochenour, 564 So. 2d 197 (Fla. 3d DCA 1990)…PER CURIAM. Affirmed. See Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980); Locke v. Locke, 413 So. 2d 431 (Fla. 3d DCA 1982); Westley v. Westley, 401 So. 2d 869 (Fla. 3d DCA 1981); Mueller v. Mueller, 307 So. 2d 195 (Fla. 3d DCA 1975); Meltzer v. Meltzer, 262 So. 2d 470 (Fla. 3d DCA 1972); §§ 61.13, 61.16, Fla.Stat. (1989).…
Authorities Cited
- Patterson v. Patterson, 348 So. 2d 592 (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)
- Julianne J. Droubie v. Droubie, 379 So. 2d 1331 (Fla. 2d DCA 1980)