ALFRED J. CORTINA, APPELLANT,
v.
LEDA M. CORTINA, APPELLEE
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PER CURIAM.
While the trial court’s awards of permanent alimony and equitable distribution approach, if they do not reach, the outermost limits of permissible generosity, we are unable to find that they represent an abuse of discretion so as to permit reversal on appeal. Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980); Kuvin v. Kuvin, 442 So. 2d 203 (Fla.1983); Conner v. Conner, 439 So. 2d 887 (Fla.1983).
Because, however, the effect of the 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.
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Seitz v. Seitz, 471 So. 2d 612 (Fla. 3d DCA 1985)…t’s fifty-fifty distribution of the assets in the present case places the parties in equal financial positions and, therefore, the award of attorney’s fees to the wife was error. Arsht v. Arsht, 467 So. 2d 421 (Fla. 3d DCA 1985); Cortina v. Cortina, 461 So. 2d 964 (Fla. 3d DCA 1984); 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); Bullard v. Bullard, 380 So. 2d 1090 (Fla. 3d DCA 1980); Bucci. Accordingly, the final j…
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Rosenberg v. Rosenberg, 511 So. 2d 593 (Fla. 3d DCA 1987)…v. Dewberry, 455 So. 2d 420 (Fla. 2d DCA 1984); Mahaffey v. Mahaffey, 401 So. 2d 1372 (Fla. 5th DCA 1981), or in requiring each party to bear their own attorney’s fees and costs, Arsht v. Arsht, 467 So. 2d 421 (Fla. 3d DCA 1985); Cortina v. Cortina, 461 So. 2d 964 (Fla. 3d DCA 1985); McIntyre v. McIntyre, 434 So. 2d 61 (Fla. 5th DCA 1983), or in failing to order an oral deposition of the appellee’s seventy-seven year old mother, who had a heart condition, rather than written interrogatories which were permitt…
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Arsht v. Arsht, 467 So. 2d 421 (Fla. 3d DCA 1985)…ife pursuant to a dissolution of marriage proceeding. 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.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)
- Kuvin v. Kuvin, 442 So. 2d 203 (Fla. 1983)
- Doyle Edward Conner v. Conner, 439 So. 2d 887 (Fla. 1983)
- McINTYRE v. McINTYRE, 434 So. 2d 61 (Fla. 5th DCA 1983)
- Earlene P. Bullard v. Bullard, 380 So. 2d 1090 (Fla. 3d DCA 1980)
- Golden v. Zina Golden, 410 So. 2d 945 (Fla. 3d DCA 1982)
- Lopez v. Addys Lopez, 438 So. 2d 984 (Fla. 3d DCA 1983)