WILLIAM PETER PLANES, APPELLANT,
v.
MARIANTHI PLANES A/K/A MARIANNE PLANES, APPELLEE
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A Florida appellate court affirmed an attorney's fee award to a wife in a dissolution of marriage case where the husband violated a settlement agreement incorporated into the final judgment. The court held that the wife was entitled to attorney's fees under section 61.16, Florida Statutes, to enforce the husband's obligations despite a waiver provision in the settlement agreement.
The trial court had jurisdiction and the wife was entitled to an award of attorney's fees under section 61.16 for her attorney's services rendered to enforce the final judgment and settlement agreement. The waiver provision in the agreement does not prevent an award of fees under section 61.16 in enforcement proceedings, and enforcing such a waiver would be inequitable. The amount awarded was reasonable and supported by competent and substantial evidence.
[1] A trial court has jurisdiction to award attorney's fees under section 61.16, Florida Statutes, for services rendered to enforce a final judgment of dissolution of marriag…
[2] A party may not raise a provision of a settlement agreement for the first time on appeal to contest an attorney's fee award.
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Join FLexlaw to unlock all legal intelligence“the trial court had jurisdiction and the wife was entitled to an award of attorney's fees under section 61.16, Florida Statutes (1983), for her attorney's services which were rendered to enforce a final judgment of dissolution of marriage which incorporated a settlement agreement where the husband was in continuous violation of the agreement”
This establishes the core holding that attorney's fees are awardable under section 61.16 for enforcement of dissolution judgments despite settlement agreement waiver provisions.
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Join FLexlaw to unlock all legal intelligenceThe case involved a final judgment of dissolution of marriage that incorporated a settlement agreement between the husband (William Peter Planes) and …
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PER CURIAM.
We affirm the attorney’s fee award under review upon a holding that the trial court had jurisdiction and the wife was entitled to an award of attorney’s fees under section 61.16, Florida Statutes (1983), for her attorney’s services which were rendered to enforce a final judgment of dissolution of marriage which incorporated a settlement agreement where the husband was in continuous violation of the agreement. See Ettinger v. Ettinger, 242 So. 2d 502 (Fla. 3d DCA 1971).
We reach this holding notwithstanding a footnote in the agreement in which the wife purports to waive, except as provided therein, “any and all claims that she now has, or may ever have, to alimony, suit money, and attorney’s fees.” First, the husband raises this provision for the first time on appeal. See Abrams v. Paul, 453 So. 2d 826 (Fla. 1st DCA 1984).
Second, even if properly raised, the provision would not prevent an award of fees under section 61.16 in these proceedings to enforce the husband’s obligations under the agreement. See Barreiro v. Barreiro, 411 So. 2d 974 (Fla. 3d DCA 1982).
Third, enforcement of the provision in the present proceedings would clearly be inequitable. See Blanton v. Blanton, 413 So. 2d 453 (Fla. 5th DCA 1982).
Finally, we find the amount awarded was reasonable under the circumstances and is supported by competent and substantial evidence. See Lee v. Lee, 262 So. 2d 6 (Fla. 4th DCA 1972). See also Molne v. Keyes Co., 357 So. 2d 262 (Fla. 3d DCA) (the appellant, having tendered no counteraffidavits in the trial court on the issue of attorney’s fees, may not question the reasonableness of the fees on appeal), cert. denied, 360 So. 2d 1249 (Fla.1978).
Affirmed.
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Levy v. Levy, 483 So. 2d 455 (Fla. 3d DCA 1986)…A 1980), pet. for review denied, 399 So. 2d 1141 (Fla.1981). Ill The appellant’s remaining point, which concerns the effect of the parties’ settlement agreement upon Levy’s liability for post-judgment fees, has been foreclosed by Planes v. Planes, 477 So. 2d 42 (Fla. 3d DCA 1985). Affirmed. . The services are reflected in part by our decision in Levy v. Levy, 451 So. 2d 893 (Fla. 3d DCA 1984). . In McCallum, the court held that the trial judge had lost jurisdiction to order post-decretal attorneys’ fees…
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Thornton v. Byrnes, 537 So. 2d 1088 (Fla. 3d DCA 1989)…fees was meritorious or was litigated in good faith and whether the actions of one party compelled the other party to resort to the courts for a remedy.” Id. at 937. See also Dubreuil v. Dubreuil, 489 So. 2d 97 (Fla. 3d DCA 1986); Planes v. Planes, 477 So. 2d 42 (Fla. 3d DCA 1985); Creel v. Creel, 423 So. 2d 419 (Fla. 3d DCA 1982); Broudy v. Broudy, 423 So. 2d 504 (Fla. 3d DCA 1982). There is little indication in the record that the master based his recommendation on anything other than the relative financi…
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Warnhoff v. Warnhoff, 493 So. 2d 52 (Fla. 4th DCA 1986)…ife in a post-judgment contempt proceeding for nonpayment of alimony. We recognize that among the factors for the trial court to consider in the exercise of its discretion to award fees is the contempt of the noncomplying spouse. Planes v. Planes, 477 So. 2d 42 (Fla. 3d DCA 1985); Patterson v. Patterson, 399 So. 2d 73 (Fla. 5th DCA 1981). It is also true that it is not necessary that one spoiise be completely unable to pay in order for the trial court to order that the other spouse pay attorney’s fees. See…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Abrams v. Paul, 453 So. 2d 826 (Fla. 1st DCA 1984)
- LEE v. LEE, 262 So. 2d 6 (Fla. 4th DCA 1972)
- Dempsey Blanton v. Blanton, 413 So. 2d 453 (Fla. 5th DCA 1982)
- Miller v. State, 242 So. 2d 502 (Fla. 2d DCA 1970)
- Roscoe v. State, 411 So. 2d 974 (Fla. 3d DCA 1982)
- Reliance Ins. Co. v. Kelly, 357 So. 2d 262 (Fla. 3d DCA 1978)
- Molne v. The Keyes Co., 357 So. 2d 262 (Fla. 3d DCA 1978)