BETTE JOHNS, APPELLANT,
v.
OWEN JOHNS, APPELLEE
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The court held that the trial court abused its discretion in denying the wife attorney fees and costs, despite affirming the alimony provisions.
Following a dissolution of marriage, the trial court divided assets equally, awarded child support and permanent alimony, but denied the wife's reques…
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PER CURIAM.
Being dissatisfied with the alimony provisions contained in a final judgment entered in a dissolution of marriage action, the wife appeals. We affirm this facet on the basis of the tests and criteria found in Canakeris v. Canakeris, 382 So. 2d 1197 (Fla.1980).
The trial court refused to award to the wife her attorney fees and costs, and the wife appeals. We reverse this refusal.
This was a 25 year marriage and, without going into detail, the somewhat meager assets of the parties were basically divided equally. In addition the wife was awarded $30.00 weekly child support and $75.00 monthly permanent alimony.
However, compellingly, there was a wide disparity in their respective present incomes with the husband’s gross income of $38,-000.00 per annum exceeding the wife’s income by about nine times. While it is true that expert testimony indicated that the wife had a bright income potential in times to come if she chose to pursue it, we still feel that the circumstances of this case reflect an abuse of the trial court’s discretion in not awarding her attorney fees and costs. Sloman v. Sloman, 418 So. 2d 1249 (Fla. 4th DCA 1982); Mahoney v. Mahoney, 380 So. 2d 497 (Fla.2d DCA 1980); Droubie v. Droubie, 379 So. 2d 1331 (Fla.2d DCA 1980) and Canakeris v. Canakeris, supra.
We remand with respectful instructions to award the wife reasonable attorney fees and costs, and to structure payment of same taking into account the income and abilities of the husband.
Affirmed in part; reversed in part; and remanded for further proceedings consistent herewith.
DOWNEY, BERANEK and WALDEN, JJ., concur.
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Citator
Cited By (12 total)
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Nichols v. Nichols, 519 So. 2d 620 (Fla. 1988)…the appropriate inquiry and standard to be applied is the same whether the fees requested are temporary or final. See, e.g., Deakyne v. Deakyne, 460 So. 2d 582 (Fla. 5th DCA 1984); Hirst v. Hirst, 452 So. 2d 1083 (Fla. 4th DCA 1984); Johns v. Johns, 423 So. 2d 443 (Fla. 4th DCA 1982); Locke v. Locke, 413 So. 2d 431 (Fla. 3d DCA 1982). A determination on any other basis would constitute an abuse of discretion. However, we find no such abuse upon this record. We approve the result reached by the district court…
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Mandy v. Williams, 492 So. 2d 759 (Fla. 4th DCA 1986)…82). This court has held that a trial court’s failure to award fees to a wife whose financial position is substantially inferior to her husband’s constitutes abuse of discretion. McClay v. McClay, 447 So. 2d 1026 (Fla. 4th DCA 1984); Johns v. Johns, 423 So. 2d 443 (Fla. 4th DCA 1982). But where the parties’ financial positions are comparable, an award of attorney’s fees is not appropriate. Cummings v. Cummings, 330 So. 2d 134 (Fla. 1976); Wenz v. Codings, 417 So. 2d 318 (Fla. 5th DCA 1982). Also, in deter [*7…
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Marianna Temple v. John Temple, 519 So. 2d 1054 (Fla. 4th DCA 1988)…d err in failing to award attorney’s fees and costs to the wife where the husband’s assets and earnings were substantially greater than hers. Cf. Novak v. Novak, 429 So. 2d 414 (Fla. 4th DCA), rev. denied, 438 So. 2d 833 (Fla. 1983); Johns v. Johns, 423 So. 2d 443 (Fla. 4th DCA 1982); Sloman v. Sloman. In all other respects, we find no abuse of discretion. The final judgment is therefore affirmed, except that we reverse and remand for the award of attorney’s fees and costs to the wife. GLICKSTEIN, J., and B…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)
- Adelaide v. Sloman, 418 So. 2d 1249 (Fla. 4th DCA 1982)
- Julianne J. Droubie v. Droubie, 379 So. 2d 1331 (Fla. 2d DCA 1980)
- Mahoney v. Mahoney, 380 So. 2d 497 (Fla. 2d DCA 1980)