LOWELL L. GARRETT, APPELLANT/CROSS-APPELLEE,
v.
JOANNA MARGARET GARRETT, APPELLEE/CROSS-APPELLANT
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PER CURIAM.
We affirm the equitable distribution of marital assets argued against on appeal by the husband and on cross-appeal by the wife. We conclude that the trial court acted within the limits of sound discretion. See Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980); Rosen v. Rosen, 386 So. 2d 1268 (Fla. 3d DCA 1980), review denied, 392 So. 2d 1378 (Fla.1981). We reverse the award of attorney’s fees to the wife. The financial status of the wife after the award of alimony and equitable distribution of assets leaves the parties with substantially equal resources. Further, the wife’s portion is liquid enough so that the wife has the ability to pay her own fees as well as costs and suit money. Seitz v. Seitz, 471 So. 2d 612 (Fla. 3d DCA 1985); Arsht v. Arsht, 467 So. 2d 421 (Fla. 3d DCA 1985); Cortina v. Cortina, 461 So. 2d 964 (Fla. 3d DCA 1984), review denied, 472 So. 2d 1180 (Fla.1985); Poppe v. Poppe, 412 So. 2d 38 (Fla. 3d DCA 1982).
Affirmed in part, and reversed in part and remanded.
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Ardith Nisbeth v. Nisbeth, 568 So. 2d 461 (Fla. 3d DCA 1990)…ssets leave the parties with substantially equal resources and when the wife’s portion is liquid enough to enable her to pay her own attorney’s fees and costs, the wife is not entitled to have those fees paid by the husband. E.g. Garrett v. Garrett, 559 So. 2d 613 (Fla. 3d DCA 1990); Seitz v. Seitz, 471 So. 2d 612 (Fla. 3d DCA 1985); Arsht v. Arsht, 467 So. 2d 421 (Fla. 3d DCA 1985). However, earning capacity is a financial resource which the court can and should consider when determining overall financial ci…
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Straley v. Frank, 585 So. 2d 334 (Fla. 2d DCA 1991)…, 411 So. 2d 354 (Fla. 2d DCA 1982) (husband earned over $100,000 per year; wife earned $14,000 per year). . Turney v. Turney, 149 So. 2d 83 (Fla 3d DCA 1963). . Martinez-Cid v. Martinez-Cid, 559 So. 2d 1177 (Fla. 3d DCA 1990); Garrett v. Garrett, 559 So. 2d 613 (Fla. 3d DCA 1990). . Lewis v. Lewis, 485 So. 2d 855 (Fla. 2d DCA 1986); Lyons v. Lyons, 436 So. 2d 156 (Fla. 2d DCA 1983) (no award of attorney’s fees where parties had substantially similar abilities to secure competent legal counsel). . See Loc…
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Rubin v. Rubin, 624 So. 2d 366 (Fla. 3d DCA 1993)…ll respects except for paragraph number 12 determining that the wife is entitled to an award of attorney’s fees and costs. We reverse that portion of the final judgment, and reverse the order awarding the wife fees and costs. See Garrett v. Garrett, 559 So. 2d 613 (Fla. 3d DCA 1990) (trial court’s award of attorney’s fees to wife improper where financial status of wife after award of alimony and equitable distribution of assets left parties with substantially equal resources). Affirmed in part; reversed in…
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- Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)
- Rosen v. Rosen, 386 So. 2d 1268 (Fla. 3d DCA 1980)
- Seitz v. Seitz, 471 So. 2d 612 (Fla. 3d DCA 1985)
- Poppe v. Poppe, 412 So. 2d 38 (Fla. 3d DCA 1982)
- Jones v. State, 412 So. 2d 38 (Fla. 3d DCA 1982)
- Arsht v. Arsht, 467 So. 2d 421 (Fla. 3d DCA 1985)
- Cortina v. Leda M. Cortina, 461 So. 2d 964 (Fla. 3d DCA 1984)