JOHN MADISON YATES, APPELLANT,
v.
SUSAN ANN YATES, APPELLEE
PER CURIAM.
The final judgment of dissolution is affirmed; the award of attorney’s fees to the wife is reversed. The record in this case clearly demonstrates that the wife is in an equal, or better, position to pay her attorney’s fees than is the husband. Carangi v. Carangi, 441 So. 2d 658 (Fla. 3rd DCA 1983); Greer v. Greer, 438 So. 2d 535 (Fla. 2nd DCA 1983); Poppe v. Poppe, 412 So. 2d 38 (Fla. 3rd DCA 1982); Epstein v. Epstein, 386 So. 2d 1200 (Fla. 3rd DCA 1980); Hill v. Hill, 376 So. 2d 472 (Fla. 4th DCA 1979); Bucci v. Bucci, 350 So. 2d 786 (Fla. 3rd DCA 1977); Johnson v. Johnson, 346 So. 2d 591 (Fla. 1st DCA 1977).
AFFIRMED in part and REVERSED in part.
LARRY G. SMITH, WENTWORTH and JO ANOS, JJ., concur.
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Donnie Leroy Martin v. State, 654 So. 2d 978 (Fla. 1st DCA 1995)…prior to trial, was timely under rule 3.190(h)(4), Florida Rules of Criminal Procedure; therefore, we find it was an abuse of discretion for the trial court to refuse to grant appellant an evidentiary hearing on that motion. See Ferrazzoli v. State, 442 So. 2d 1056 (Fla. 1st DCA 1983); T.C. v. State, 336 So. 2d 17 (Fla. 3d DCA 1976).1 We reverse and remand to the trial court with instructions for the trial court to conduct an evidentiary hearing on the motion to suppress prior to trial. BOOTH and JOANOS,…
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Gadson v. State, 600 So. 2d 1287 (Fla. 4th DCA 1992)…n Barker v. State, 438 So. 2d 1014 (Fla. 4th DCA 1983), this court held that the trial court erred in denying a motion to suppress prior to trial without granting an evidentia-ry hearing on the motion. Id. at 1015. Similarly, in Ferrazzoli v. State, 442 So. 2d 1056 (Fla. 1st DCA 1983), the appellate court held that the trial court erred in denying a pre-trial motion to suppress on the basis of its review of the record only, and without conducting a formal evidentia-ry hearing. Id. at 1057. The court noted that…
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Rogers v. State, 844 So. 2d 728 (Fla. 5th DCA 2003)…1209 (Fla. 5th DCA 1999); Bowe v. State, 600 So. 2d 26 (Fla. 4th DCA 1992). . Pease v. State, 712 So. 2d 374 (Fla.1997); State v. Colbert, 660 So. 2d 701 (Fla.1995). . See Chapman v. State, 446 So. 2d 1186 (Fla. 4th DCA 1984); Ferrazzoli v. State, 442 So. 2d 1056 (Fla. 1st DCA 1983); Barker v. State, 438 So. 2d 1014 (Fla. 4th DCA 1983); see also Ross v. State, 779 So. 2d 300 (Fla. 2d DCA 1999); Martin v. State, 654 So. 2d 978 (Fla. 1st DCA 1995); Gadson v. State, 600 So. 2d 1287 (Fla. 4th DCA 1992); Williams…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Johnson v. Johnson, 346 So. 2d 591 (Fla. 1st DCA 1977)
- Bucci v. Bucci, 350 So. 2d 786 (Fla. 3d DCA 1977)
- Poppe v. Poppe, 412 So. 2d 38 (Fla. 3d DCA 1982)
- Jones v. State, 412 So. 2d 38 (Fla. 3d DCA 1982)
- Greer v. Sondra G. Greer, 438 So. 2d 535 (Fla. 2d DCA 1983)
- Ployer P. Hill v. Hill, 376 So. 2d 472 (Fla. 4th DCA 1979)
- Epstein v. Epstein, 386 So. 2d 1200 (Fla. 3d DCA 1980)
- Carangi v. Rikki Lynn Carangi, 441 So. 2d 658 (Fla. 3d DCA 1983)