ALFRED R. BESADE, JR., APPELLANT,
v.
LINDA R. BESADE, APPELLEE

Fla. 3d DCA | 1983-04-19
No. 82-994
Before NESBITT and DANIEL S. PEARSON and FERGUSON, JJ.
430 So. 2d 927 Florida District Court of Appeal, Third District (1983) Positive Treatment
Cited by 9 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

In the final judgment of dissolution, the wife was awarded custody of the minor children. Subsequently, that provision of the judgment was modified and custody awarded to the paternal grandparents. Several years later, the wife filed a petition for custody of the minors. The husband actively defended the petition for change of custody which, after a hearing, was granted. The wife’s attorneys were then awarded fees for their services. Under these circumstances, Section 61.16, Florida Statutes (1981) clearly empowered the court to require the husband to pay the wife’s attorneys’ fees.

We are unable to consider the remaining points on appeal regarding: (a) the wife’s financial ability to pay her own attorneys; or (b) the reasonableness and propriety of the fees awarded, because no record of the evidentiary hearing was made nor has any substantial record thereof been provided to the court. Fla.R.App.P. 9.200(a)(3); Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla.1979); Blynder v. Blynder, 294 So. 2d 717 (Fla. 3d DCA 1974).

Affirmed.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Holland Int'l, Inc. v. Pollack, 471 So. 2d 129 (Fla. 3d DCA 1985)
    …equacy of the record on appeal precludes review of the remaining orders. See e.g., Applegate v. Barnett Bank of Tallahassee, 371 So. 2d 1150 (Fla. 1979); Joa Corp. v. Lamerica Realty Co. of Miami, 435 So. 2d 972 (Fla. 3d DCA 1983); Besade v. Besade, 430 So. 2d 927 (Fla. 3d DCA 1983); Okun v. Stuart House Condominium Association, Inc., 362 So. 2d 713 (Fla. 3d DCA 1978). Order granting Pollack attorney’s fees reversed; summary final judgment and order denying Holland attorney’s fees affirmed.…
  • Atsuko Naoe Cory v. Cory, 476 So. 2d 1298 (Fla. 3d DCA 1985)
    …pported by the evidence. See Applegate v. Barnett Bank, 377 So. 2d 1150 (Fla.1979). Where the record brought forth by the appellant is inadequate to demonstrate reversible error, the trial court order should be affirmed. Applegate; Besade v. Besade, 430 So. 2d 927 (Fla. 3d DCA 1983); Palmar v. Palmar, 402 So. 2d 20 (Fla. 3d DCA 1981). Accordingly, the trial court’s denial of Mrs. Cory’s motion should be affirmed because Mrs. Cory has failed to demonstrate reversible error. Furthermore, contrary to the majori…
  • Paterson v. Paterson, 479 So. 2d 854 (Fla. 3d DCA 1985)
    …PER CURIAM. Affirmed. Applegate v. Barnett Bank, 377 So. 2d 1150 (Fla.1979); Besade v. Besade, 430 So. 2d 927 (Fla.3d DCA 1983).…

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