RAFAEL LOPEZ, APPELLANT,
v.
ADDYS LOPEZ, APPELLEE

Fla. 3d DCA | 1983-10-11
Nos. 83-70, 83-640
Before BARKDULL, NESBITT and JORGENSON, JJ.
438 So. 2d 984 Florida District Court of Appeal, Third District (1983) Negative Treatment
Cited by 18 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellant husband seeks review of a final judgment of dissolution of marriage contending first, that the trial court erred in awarding the wife of a nineteen-year marriage his one-half interest in the equity in the home of the parties as lump-sum alimony, this being the only substantial asset of the parties. Although we might not have made such an award if we were making the initial determination, we cannot say on this record that the trial court erred in this particular. Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980); Brown v. Brown, 424 So. 2d 845 (Fla. 4th DCA 1982); Cowan v. Cowan, 389 So. 2d 1187 (Fla. 5th DCA 1980).

The husband also questions the appropriateness of an order requiring him to pay $3,000 as attorney’s fees. We think this point is well taken and do hereby reverse this award. Poppe v. Poppe, 412 So. 2d 38 (Fla. 3d DCA 1982); Golden v. Golden, 410 So. 2d 945 (Fla. 3d DCA 1982); Bullard v. Bullard, 380 So. 2d 1090 (Fla. 3d DCA 1980).

Affirmed in part, reversed in part.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Arsht v. Arsht, 467 So. 2d 421 (Fla. 3d DCA 1985)
    …g. We hold that, as a matter of law, the trial court’s distribution of assets placing the parties in equal financial positions precludes the award of attorney’s fees to the wife. Cortina v. Cortina, 461 So. 2d 964 (Fla. 3d DCA 1984); Lopez v. Lopez, 438 So. 2d 984 (Fla. 3d DCA 1983); Poppe v. Poppe, 412 So. 2d 38 (Fla. 3d DCA 1982); Golden v. Golden, 410 So. 2d 945 (Fla. 3d DCA), review denied, 419 So. 2d 1197 (Fla.1982). Reversed.…
  • Cortina v. Leda M. Cortina, 461 So. 2d 964 (Fla. 3d DCA 1984)
    …final judgment is to place the wife in a financial position at least equal and likely superior to the appellant, it was error to assess any of her attorney’s fees against him. McIntyre v. McIntyre, 434 So. 2d 61 (Fla. 5th DCA 1983); Lopez v. Lopez, 438 So. 2d 984 (Fla. 3d DCA 1983); Golden v. Golden, 410 So. 2d 945 (Fla. 3d DCA 1982), rev. denied, 419 So. 2d 1197 (Fla.1982); Bullard v. Bullard, 380 So. 2d 1090 (Fla. 3d DCA 1980). Affirmed in part, reversed in part.…
  • Nestor F. Manrique v. Manrique, 786 So. 2d 1270 (Fla. 4th DCA 2001)
    …an award if we were making the initial determination, see Bible v. Bible, 597 So. 2d 359 (Fla. 3d DCA 1992), and Kuvin v. Kuvin, 442 So. 2d 203 (Fla.1983), we cannot say that the trial court abused its discretion on this record. See Lopez v. Lopez, 438 So. 2d 984 (Fla. 3d DCA 1983); Minniti v. Minniti, 445 So. 2d 665 (Fla. 3d DCA 1984). The wife in this ease speaks little English. For ten years of the marriage she did not work outside of the home. Her earning ability is limited. The court imputed her net i…

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