DAVID F. SUMNER, APPELLANT,
v.
SHIRLEY L. SUMNER, APPELLEE
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UPCHURCH, Judge.
David Sumner appeals from a final judgment of dissolution of marriage in which his former wife was awarded lump sum alimony, partial attorney’s fees and as rehabilitative alimony the reasonable and necessary costs incurred by the wife for medical treatment.
Because rehabilitative alimony is awarded for the purpose of allowing a spouse . to attain financial independence during a specified time, it was improper to award rehabilitative alimony without limitation as to time or amount. See Cann v. Cann, 334 So. 2d 325 (Fla. 1st DCA 1976). We reverse the rehabilitative alimony award and remand the cause to the trial court to establish a limit of time and amount for the award.
The parties appear to have received an equitable distribution of assets. With these assets added to a recent inheritance, the wife has a greater net worth than the husband. Since the wife had substantially the same ability to pay for legal services as did the husband, the award of attorney’s fees to the wife was erroneous and is reversed. See Ariko v. Ariko, 475 So. 2d 1352 (Fla. 5th DCA 1985).
AFFIRMED in part; REVERSED in part and REMANDED.
COBB, C.J., and SHARP, J., concur.
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Cited By (12 total)
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Thad Richard Sizemore, Jr. v. Sizemore, 487 So. 2d 1080 (Fla. 5th DCA 1986)…orate fringe benefits which he has enjoyed in the past), together with other side business income. Where the parties depart the marriage in relatively equal economic circumstances, it is error to award attorney’s fees to one party. Sumner v. Sumner, 480 So. 2d 706 (Fla. 5th DCA 1986); Ariko v. Ariko, 475 So. 2d 1352 (Fla. 5th DCA 1985). AFFIRMED IN PART; REVERSED IN PART. UPCHURCH, J., concurs. DAUKSCH, J., dissents with opinion. . The husband’s 1983 tax returns showed gross income in excess of $182,000.0…
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Blankenship v. Blankenship, 502 So. 2d 1002 (Fla. 5th DCA 1987)…avor of the wife, who left the marriage with resources from which she is well able to pay her own attorney’s fees. See Beaver v. Beaver, 500 So. 2d 742 (Fla. 5th DCA 1987); Sizemore v. Sizemore, 487 So. 2d 1080 (Fla. 5th DCA 1986); Sumner v. Sumner, 480 So. 2d 706 (Fla. 5th DCA 1986); Ariko v. Ariko, 475 So. 2d 1352 (Fla. 5th DCA 1985); McIntyre v. McIntyre, 434 So. 2d 61 (Fla. 5th DCA 1983). AFFIRMED in part; REVERSED in part. DAUKSCH and ORFINGER, JJ., concur.…
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Beaver v. Beaver, 500 So. 2d 742 (Fla. 5th DCA 1987)…y award was liberal, the parties left the marriage in relatively equal economic positions, and the wife was well able to pay her attorney’s fees from her own resources. See Sizemore v. Sizemore, 487 So. 2d 1080 (Fla. 5th DCA 1986); Sumner v. Sumner, 480 So. 2d 706 (Fla. 5th DCA 1986); Ariko v. Ariko, 475 So. 2d 1352 (Fla. 5th DCA 1985); McIntyre v. McIntyre, 434 So. 2d 61 (Fla. 5th DCA 1983). AFFIRMED in part; REVERSED in part. ORFINGER and SHARP, JJ., concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Tedford J. Cann v. Margery M. Cann, 334 So. 2d 325 (Fla. 1st DCA 1976)
- Ariko v. Ariko, 475 So. 2d 1352 (Fla. 5th DCA 1985)