SALLY H. FISHER, APPELLANT,
v.
ROBERT ANTHONY FISHER, APPELLEE

Fla. 2d DCA | 1984-05-04
No. 83-1985
OTT, C.J., and RYDER and LEHAN, JJ., concur.
450 So. 2d 1183 Florida District Court of Appeal, Second District (1984) Positive Treatment
Cited by 13 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the trial court’s award to the wife of rehabilitative alimony. The wife “has failed to show the trial court abused its discretion and as the period of rehabilitative alimony draws to a close, she may, upon a showing of diligent effort toward rehabilitation which through no fault of her own has been unsuccessful, move the trial court for an extension of rehabilitative alimony or for an award of permanent alimony.” Barker v. Barker, 384 So. 2d 925 (Fla. 1st DCA 1980).

However, in view of the wide disparity between the husband’s and wife’s present incomes, we believe the trial court’s failure to award attorney’s fees and costs to the wife was an abuse of discretion. See Johns v. Johns, 423 So. 2d 443 (Fla. 4th DCA 1982). We therefore remand for the trial court to award to the wife attorney’s fees and costs, taking into account, of course, the restricted ability of the husband to pay.

AFFIRMED.

OTT, C.J., and RYDER and LEHAN, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (13 total)

  • Bass v. State, 473 So. 2d 1367 (Fla. 1st DCA 1985)
    …on.” There is authority, however, for the proposition that this safeguard is not available if the probation resulted from a negotiated plea, “which was then voluntarily and intelligently accepted by [the defendant] in open court.” Pollock v. Bryson, 450 So. 2d 1183, 1186 (Fla. 2d DCA 1984), citing G.H. v. State, 414 So. 2d 1135 (Fla. 1st DCA 1982). In such circumstances, which pertain in the instant case, the probationer is deemed to have waived the protection of Section 775.-089(1) at the time he entered into…
  • Armstrong v. State, 620 So. 2d 1120 (Fla. 5th DCA 1993)
    …ey v. State, 602 So. 2d 980 (Fla.3d DCA 1992) (affirming condition of restitution where defendant agreed to pay restitution to accident victim as part of defendant’s plea of nolo contendere to charge of leaving scene of accident); Pollock v. Bryson, 450 So. 2d 1183 (Fla.2d DCA 1984) (holding defendant waived right to object to illegality of restitution condition where defendant specifically agreed to pay restitution to accident victim as part of plea to charge of leaving scene of accident to avert possible jai…
  • Montville Labadie v. State, 840 So. 2d 332 (Fla. 5th DCA 2003)
    …ceived the specific sentence that he negotiated. The trial court imposed a sentence that Labadie, in writing, agreed to serve. Therefore, Labadie’s appellate challenge to his sentence is barred under the' doctrine of estoppel. See Pollock v. Bryson, 450 So. 2d 1183, 1186-1187 (Fla. 2d DCA 1984). Finally, Apprendi is not applicable to this case. Apprendi addresses the issue of an appellant whose penalty was increased beyond the statutory maximum based on a finding made by the trial court. In this case, Labadie…

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