WILLIAM SCHLUSSLER, APPELLANT,
v.
FLORIDA FARM BUREAU CASUALTY INSURANCE COMPANY, APPELLEE

Fla. 3d DCA | 1982-03-23
No. 80-735
Before BARKDULL, SCHWARTZ and DANIEL S. PEARSON, JJ.
416 So. 2d 811 Florida District Court of Appeal, Third District (1982) Positive Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The order denying attorney fees is reversed on the authority of Florida Farm Bureau v. Quinones, 409 So. 2d 97 (Fla. 3d DCA 1982), opinion filed January 19, 1982.

The points on the cross-appeal are found to be without merit. See American Home Assurance Company v. Keller Industries, Inc., 347 So. 2d 767, 771-72 (Fla. 3d DCA 1977), compare Gibson v. Walker, 380 So. 2d 531 (Fla. 5th DCA 1980); Cincinnati Insurance Company v. Palmer, 297 So. 2d 96 (Fla. 4th DCA 1974).

Therefore, the matter is returned to the trial court to award to the appellant those attorney’s fees previously determined as fair and just for services in the trial court and to fix and award attorney’s fees for services rendered in this court.

Affirmed in part, reversed in part and remanded with directions.


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  • Salazar v. Orestes Salazar, 976 So. 2d 1155 (Fla. 4th DCA 2008)
    …Two primary considerations in determining permanent periodic alimony are ‘the monetary needs of the receiving spouse and the ability of the other spouse to pay.’ ” Lamont v. Lamont, 851 So. 2d 898, 899-900 (Fla. 4th DCA 2003) (citing Weeks v. Weeks, 416 So. 2d 811, 812 (Fla. 4th DCA 1982)). In Lamont, the parties were married for twenty-three years. Id. at 899. During the separation, the husband had a total monthly income of $2,993 and the wife had a monthly social security income of $525. Id. In the final ju…
  • Cifrian v. Cifrian, 715 So. 2d 1068 (Fla. 4th DCA 1998)
    …e alimony award was considered the former wife’s only income. In considering an alimony award, the trial court must consider, among other things, the monetary needs of the receiving spouse and the ability of the other spouse to pay. Weeks v. Weeks, 416 So. 2d 811, 812 (Fla. 4th DCA 1982); also § 61.08(2), Fla. Stat. (1995). The trial court’s grant of alimony is subject to an abuse of discretion standard of review. Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980). “[T]he test is whether any reasonable perso…
  • Lamont v. Lamont, 851 So. 2d 898 (Fla. 4th DCA 2003)
    …of $1,525. The husband’s total monthly income is approximately $2,993. Two primary considerations in determining permanent periodic alimony are “the monetary needs of the receiving spouse and the ability of the other spouse to pay.” Weeks v. Weeks, 416 So. 2d 811, [*900] 812 (Fla. 4th DCA 1982); see also § 61.08(2)(a)-(g), Fla. Stat. (2002). Permanent alimony is awarded to enable the former spouse to maintain the lifestyle enjoyed during the marriage. See Kneeht v. Knecht, 629 So. 2d 883, 887 (Fla. 3d DCA 19…

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