WILLIAM T. IRWIN, APPELLANT,
v.
KATHLEEN N. IRWIN, APPELLEE
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The court affirmed the orders for temporary attorneys' fees and temporary support, finding no abuse of discretion and no proper objection to the fee assessment.
The appeals concerned orders for temporary attorneys' fees and temporary support in a divorce proceeding. The wife sought temporary support, custody, …
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PER CURIAM.
These are consolidated interlocutory appeals relating to an order on temporary attorneys’ fees entered March 26, 1980, and an order on temporary support entered July 8, 1980. The basic question on the issue of temporary support is whether sufficient evidence was present in the record of the wife’s need and the husband’s ability to pay $2,500 per month on a temporary basis. In addition, the wife had been given custody of the parties’ minor children and use and occupancy of the parties’ marital home.
The trial court referred the matter to a master who conducted three separate hearings. The parties engaged in bitter battles regarding financial discovery and voluminous evidence was submitted. Under all the circumstances, we conclude that there has been no showing of an abuse of discretion by the trial court and the temporary support order is thus affirmed.
We also affirm the order on temporary attorney’s fees of $10,000. Although the procedure on assessment of the fees is questionable, there was no proper objection thereto. The argument on appeal is that there was no evidence of reasonableness of the fee in accordance with Tanner v. Tanner, 391 So. 2d 305 (Fla. 4th DCA 1980). There was no objection on this point, and in fact the record shows counsel’s acquiescence to the amount of the fee.
AFFIRMED.
DOWNEY, ANSTEAD, and BERANEK, 33., concur.
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Irwin v. Honorable Paul M. Marko, III, 408 So. 2d 677 (Fla. 4th DCA 1981)…iting that they had settled the case. The stipulation for dismissal was filed June 16, 1981. At that point, two interlocutory appeals were pending before this court which eventually resulted in an opinion issued September 2,1981. See Irwin v. Irwin, 402 So. 2d 1353 (Fla. 4th DCA 1981). On the same day, September 2, 1981, this court also issued an order taxing attorneys’ fees in the two separate interlocutory appeals and remanding the matter to the trial court for determination as to the amount of fees. The fee…
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Joachim v. Joachim, 942 So. 2d 3 (Fla. 5th DCA 2006)…were raised below. Consequently, the Former Husband failed to preserve his arguments that attorney Day failed to testify concerning his fee and that his misconduct did not result in additional attorney’s fees to the Former Wife. See Irwin v. Irwin, 402 So. 2d 1353, 1354 (Fla. 4th DCA 1981). The trial court concluded that the Former Husband was in a “substantially better financial position to pay the attorneys’ fees than the Wife” and that her attorneys’ hours and hourly rates and hours were reasonable. The f…
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- Gen. Accident Fire & Life Assurance Corp., Ltd. v. Kellin, 391 So. 2d 305 (Fla. 4th DCA 1980)
- Tanner v. Tanner, 391 So. 2d 305 (Fla. 4th DCA 1980)