MAYRA URBIETA, APPELLANT,
v.
GUILLERMO URBIETA, APPELLEE

Fla. 3d DCA | 1985-05-28
No. 84-1832
Before HENDRY, DANIEL S. PEARSON and JORGENSON, JJ.
469 So. 2d 930 Florida District Court of Appeal, Third District (1985)

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Holding

The trial court abused its discretion by ordering an unreasonable installment payment plan for attorneys' fees, given the payor's substantial assets.


Facts & Procedural History

Following a prior appeal regarding attorneys' fees, the trial court set the amount at $5,800.00 and ordered it paid with a $1,000.00 immediate payment…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This cause recurs here following our opinion in Urbieta v. Urbieta, 446 So. 2d 230 (Fla. 3d DCA 1984), which dealt with the award of attorneys’ fees to Mayra Ur-bieta’s former attorneys. Pursuant to our mandate, the trial court set reasonable attorneys’ fees at $5,800.00. Thereafter, the trial court determined that the fees were to be paid as follows: $1,000.00 to be paid immediately; the remaining $4,800.00 to be paid in monthly installments of $50.00.

As the law firm points out, it would take eight years for the husband to discharge the remaining $4,800.00 obligation if such payments are made through monthly installments of $50.00. The order was manifestly erroneous in face of the husband’s financial affidavits reflecting assets of $391,000.00.

The trial court abused its discretion. We accordingly reverse and remand with directions to enter judgment for the former attorneys for the amount of attorneys’ fees not yet paid.

Reversed and remanded with directions.


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