CHRISTINA R. PAPPAS, APPELLANT/CROSS-APPELLEE,
v.
GEORGE N. PAPPAS, APPELLEE/CROSS-APPELLANT
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The court held that the trial court did not abuse its discretion in the equitable distribution of assets and alimony, but erred in the award of fees and costs.
In a dissolution of marriage case, the wife appealed the distribution of assets, alimony, and fees. The husband argued he should not have to pay his w…
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PER CURIAM.
Christina Pappas contends that the distribution of assets and awards of alimony and fees were inequitable in this dissolution of marriage ease and require reversal. Finding merit in only the last of her contentions, we reverse the court’s order of fees and costs but affirm the order in all other respects.
After reviewing the disputed facts over the assets of the parties, the life-style maintained, and the subsequent positions of the parties, we conclude that persons of reasonable minds could differ in the result. Also, mathematical exactness of equality is not required in the distribution order. Therefore, the trial court did not abuse its discretion and we must sustain the order. See Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980); Pfohl v. Pfohl, 345 So. 2d 371 (Fla. 3d DCA 1977).
Mr. Pappas contends that he should not have to pay any fees or costs for his wife. However, the record indicates that Mr. Pappas is in a superior financial position. Though Christina is not unable to pay her fees and costs, because of Mr. Pappas’s superior financial ability, the court should have ordered that he pay all of his ex-wife’s attorney’s fees and costs. Canakaris, 382 So. 2d at 1205; Kane v. Kane, 469 So. 2d 933 (Fla. 3d DCA 1985).
Accordingly, the order is affirmed in part and reversed in part, requiring the court to enter an award against Mr. Pappas for fees and costs.
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Werner v. Werner, 587 So. 2d 473 (Fla. 3d DCA 1991)…’s financial ability is superior to the wife’s financial ability, the court should have ordered him to pay her fees. Martinez-Cid v. Martinez-Cid, 559 So. 2d 1177 (Fla. 3d DCA 1990); Kuse v. Kuse, 533 So. 2d 828 (Fla. 3d DCA 1988); Pappas v. Pappas, 489 So. 2d 1242 (Fla. 3d DCA 1986); Kane v. Kane, 469 So. 2d 933 (Fla. 3d DCA 1985); Angelides v. Angelides, 466 So. 2d 1198 (Fla. 3d DCA 1985). We therefore reverse that portion of the amended final judgment. As for the husband’s cross-appeal challenging the alim…
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Heller v. Kuvin, 490 So. 2d 245 (Fla. 3d DCA 1986)…ty to pay, we think, and so hold, that the trial court abused its discretion in requiring that the husband pay only $8,000, rather than the entire $14,000, for the wife’s attorney’s fees. Canakaris v. Canakaris, 382 So. 2d at 1205; Pappas v. Pappas, 489 So. 2d 1242 (Fla. 3d DCA 1986); Kane v. Kane, 469 So. 2d 933 (Fla. 3d DCA 1985); Bryan v. Bryan, 442 So. 2d 362 (Fla. 1st DCA 1983), review denied, 450 So. 2d 485 (Fla.1984). Accordingly, we reverse and remand with directions to order the husband to pay $14,-00…
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Straley v. Frank, 585 So. 2d 334 (Fla. 2d DCA 1991)…’s financial ability is superior to the wife’s financial ability, the court should have ordered him to pay her fees. Martinez-Cid v. Martinez-Cid, 559 So. 2d 1177 (Fla. 3d DCA 1990); Kuse v. Kuse, 533 So. 2d 828 (Fla. 3d DCA 1988); Pappas v. Pappas, 489 So. 2d 1242 (Fla. 3d DCA 1986); Kane v. Kane, 469 So. 2d 933 (Fla. 3d DCA 1985); Angelides v. Angelides, 466 So. 2d 1198 (Fla. 3d DCA 1985). (emphasis added). Id., 587 So. 2d at 474. In the instant case, the husband earns approximately $113,000 a year while t…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)
- Pfohl v. Pfohl, 345 So. 2d 371 (Fla. 3d DCA 1977)
- Kane v. Kane, 469 So. 2d 933 (Fla. 3d DCA 1985)