CAROL BARNETTE, APPELLANT,
v.
MORRIS ALLEN BARNETTE, APPELLEE

Fla. 4th DCA | 1995-08-23
No. 94-1833
DELL, KLEIN and PARIENTE, JJ., concur.
658 So. 2d 1246 Florida District Court of Appeal, Fourth District (1995) Positive Treatment
Cited by 4 cases
Topics
Fla. Stat. § 57.105 Enforcement Of Settlement Agreement Attorney'S Fees

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Opinion of the Court
PER CURIAM.

PER CURIAM.

After filing a petition for dissolution, the parties executed a settlement agreement; however, former wife subsequently asserted that she was entitled to reject one provision of the agreement, involving the division of the equity in the marital home, and that the equity should be allocated differently than was provided for in the agreement. The trial court enforced the provision and assessed attorney’s fees against the wife solely because of her refusal to accept the husband’s offer to settle, which was consistent with the provision in the agreement that the court enforced. We affirm the court’s enforcement of the agreement, but reverse the attorney’s fee award because it was not based on any provision of the agreement or any statute. The court did not award fees under section 57.105, Florida Statutes (1993), and in any event, fees could not have been justified on that ground.

Affirmed in part and reversed in part.

DELL, KLEIN and PARIENTE, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Allstate Ins. Co. v. Myrda Manasse, 681 So. 2d 779 (Fla. 4th DCA 1996)
    …ture noneconomic damages in this case was unrea [*784] sonable in light of its other findings of a permanent injury and substantial future medical expense, we find the jury verdict was inadequate as a matter of law. See Aymes v. Automobile Ins. Co., 658 So. 2d 1246 (Fla. 4th DCA 1995); Mason; Daigneault. Accordingly, the judgment is reversed. This cause is remanded for a new trial on damages which shall include the issue of permanency and which shall not be limited to noneconomic damages. See Sears, Roebuck &…
  • AUE v. AUE, 685 So. 2d 1388 (Fla. 1st DCA 1997)
    …xist in the instant case. Cf. Mettler v. Mettler, 569 So. 2d 496 (Fla. 4th DCA 1990). Further, there is no authority for denying attorney’s fees in dissolution cases solely for the failure to accept an offer of settlement. See, Barnette v. Barnette, 658 So. 2d 1246 (Fla. 4th DCA 1995). In fact, section 45.061(4), Florida Statutes, specifically exempts dissolution proceedings from the offer of settlement statute. Accordingly, we reverse the denial of the former wife’s request for fees. On remand, the trial co…

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