NATHAN ARSHT, APPELLANT,
v.
SYLVIA ARSHT, APPELLEE
NATHAN ARSHT, APPELLANT,
SYLVIA ARSHT, APPELLEE
467 So. 2d 421
Florida District Court of Appeal, Third District (1985)
Caution
Cited by 20 cases
Opinion of the Court
PER CURIAM.
We reverse the trial court’s award of attorney’s fees to the wife 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Seitz v. Seitz, 471 So. 2d 612 (Fla. 3d DCA 1985)…financial circumstances of the parties. The trial court’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 10…
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Anne-Lise Gustafson v. Dorrit Jensen, 515 So. 2d 1298 (Fla. 3d DCA 1987)…solution, and there was no showing that such reservation would not result in prejudice, each party should assume responsibility for the fees incurred while pleading his or her cause. Seitz v. Seitz, 471 So. 2d 612 (Fla. 3d DCA 1985); Arsht v. Arsht, 467 So. 2d 421 (Fla. 3d DCA 1985); Golden v. Golden, 410 So. 2d 945 (Fla. 3d DCA), review denied, 419 So. 2d 1197 (Fla.1982). Contrary to appellant’s contention, the trial court was not divested of jurisdic [*1302] tion in the dissolution cause by the probate pro…
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Ardith Nisbeth v. Nisbeth, 568 So. 2d 461 (Fla. 3d DCA 1990)…h to enable her to pay her own attorney’s fees and costs, the wife is not entitled to have those fees paid by the husband. E.g. Garrett v. Garrett, 559 So. 2d 613 (Fla. 3d DCA 1990); Seitz v. Seitz, 471 So. 2d 612 (Fla. 3d DCA 1985); Arsht v. Arsht, 467 So. 2d 421 (Fla. 3d DCA 1985). However, earning capacity is a financial resource which the court can and should consider when determining overall financial circumstances and a party’s ability to pay attorney’s fees. Martinez-Cid v. Martinez-Cid, 559 So. 2d 117…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Poppe v. Poppe, 412 So. 2d 38 (Fla. 3d DCA 1982)
- Jones v. State, 412 So. 2d 38 (Fla. 3d DCA 1982)
- Golden v. Zina Golden, 410 So. 2d 945 (Fla. 3d DCA 1982)
- Lopez v. Addys Lopez, 438 So. 2d 984 (Fla. 3d DCA 1983)
- Cortina v. Leda M. Cortina, 461 So. 2d 964 (Fla. 3d DCA 1984)