DEBRA A. BOOTH, APPELLANT,
v.
RONALD BOOTH, APPELLEE

Fla. 2d DCA | 1987-08-12
No. 86-2668
SCHEB, A.C.J., and PATTERSON, DAVID F., Associate Judge, concur.
518 So. 2d 284 Florida District Court of Appeal, Second District (1987) Positive Treatment
Cited by 6 cases

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Holding

The court held that the trial court erred in requiring the ex-husband to contribute only a portion of the ex-wife's attorney's fees, given his superior financial position.


Facts & Procedural History

The ex-wife appealed an order determining attorney's fees, disputing the amount and her responsibility for a portion. The ex-husband's income was sign…

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Opinion of the Court
FRANK, Judge.

FRANK, Judge.

The ex-wife appeals from the trial court’s order asserting that an abuse of discretion occurred in determining the amount of a reasonable attorney’s fee awarded her. She also disputes the imposition upon her of responsibility for the payment of a portion of the fee.

We find no basis for disturbing the amount of the fee granted the ex-wife. We do find, however, that the trial court erred in requiring the ex-husband to contribute only $900.00 to the ex-wife’s attorney’s fee which totaled $1,652.50. The evidence reveals that at the time of the final hearing the ex-husband’s income exceeded that of the ex-wife’s almost three-fold. The record demonstrates that the ex-husband is in a far better position to compensate the ex-wife’s counsel in the full amount of the fee. Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980).

We reverse that aspect of the trial court’s order which requires the ex-wife to pay part of her fee obligation and direct that the ex-husband satisfy the fee in the full amount. In all other respects, the judgment of the trial court is affirmed.

SCHEB, A.C.J., and PATTERSON, DAVID F., Associate Judge, concur.


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Citator

Cited By

  • State v. McCULLERS, 932 So. 2d 373 (Fla. 2d DCA 2006)
    …nt, on motion of the defendant or the court, shall be forever discharged from the crime.” This 10-day period is frequently referred to as the “window of recapture,” see, e.g., State v. Hall, 903 So. 2d 1001, 1002 (Fla. 2d DCA 2005); Ricci v. Parker, 518 So. 2d 284, 286 (Fla. 2d DCA 1987), or “recapture period,” see, e.g., State v. Naveira, 873 So. 2d 300, 309 (Fla.2004); Brown v. State, 715 So. 2d 241, 243 (Fla.1998). Rule 3.191(o) addresses the effect of a nolle prosequi on the operation of the speedy trial…
  • State v. Edwards, 528 So. 2d 120 (Fla. 5th DCA 1988)
    …Chief Judge. The state appeals from an order discharging Edwards for failing to bring him to trial within fifteen days of his filing a motion for discharge, as required by Florida Rule of Criminal Procedure 3.191(i)(4). Relying on Ricci v. Parker, 518 So. 2d 284 (Fla. 2d DCA 1987), rev. den., 519 So. 2d 988 (Fla.1988), the state argues that discharge was erroneously granted because the five and ten day time periods stated by rule 3.191 are determined by the computational rules of Florida Rule of Criminal Pr…
  • Baxter v. Brandt C. Downey, III, 581 So. 2d 596 (Fla. 2d DCA 1991)
    …rule. While the central question still is whether a waiver has occurred, rule 3.191(i)(3) now requires that this decision be made at a hearing “[n]o later than 5 days from the date of the filing of a motion for discharge.” See also, Ricci v. Parker, 518 So. 2d 284 (Fla.2d DCA 1987), rev. denied, 519 So. 2d 988 (Fla.1988). If the court finds evidence of a waiver, the motion for discharge may be denied; if not, trial must be set within ten days. While scheduling trial under such circumstances is tantamount to “…

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