EVELYN REYNOLDS, APPELLANT,
v.
JAMES REYNOLDS, APPELLEE
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SCHWARTZ, Chief Judge.
Following Reynolds v. Reynolds, 615 So. 2d 243 (Fla. 3d DCA 1993), the trial court ordered the husband to pay fifty-five percent of the wife’s attorney’s fees in accordance with the percentage of the parties’ assets, as recomputed in accordance with our decision, which were equitably distributed to the respective parties. The wife appeals, claiming her entitlement to all her fees; the husband cross-appeals contending that he should pay none. We agree with the wife’s position.
The facts that the wife’s forty-five percent share of equitable distribution was primarily in the form of an illiquid asset, the parties’ home, and, more importantly, that the husband has a far greater income and is in far better health give him a far “superior ability to pay” the wife’s fees. In these circumstances, he must be deemed responsible for the entire amount. See Gomez v. Gomez, 642 So. 2d 107 (Fla. 3d DCA 1994); Lozano-Ciccia v. Lozano, 599 So. 2d 718 (Fla. 3d DCA 1992); Martinez-Cid v. Martinez-Cid, 559 So. 2d 1177 (Fla. 3d DCA 1990); Heller v. Kuvin, 490 So. 2d 245 (Fla. 3d DCA 1986). Compare Sol v. Sol, 656 So. 2d 206 (Fla. 3d DCA 1995).
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Kelly v. Kelly, 925 So. 2d 364 (Fla. 5th DCA 2006)…ts discretion in not granting Laurie all or most of the fees and costs expended by her attorney. See Batson v. Batson, 821 So. 2d 1141 (Fla. 5th DCA 2002); Blakistone v. Blakistone, 462 So. 2d 883 (Fla. 2d DCA 1985); Karpovich; Reynolds v. Reynolds, 664 So. 2d 1131 (Fla. 3d DCA 1995). 2.Fees for delay and increasing costs of litigation In support of Laurie’s contention that the $3,901.50 was an inadequate award for the delay and lack of cooperation on the part of Gregory, the record and attorney fee affidavi…
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Kopel v. Bernardez-Kopel, 943 So. 2d 252 (Fla. 3d DCA 2006)…PER CURIAM. We find no abuse of discretion in the trial court’s attorney’s fees award or in its equitable distribution determination. See Reynolds v. Reynolds, 664 So. 2d 1131, 1131 (Fla. 3d DCA 1995) (requiring former husband to pay all of former wife’s attorney’s fees where he earned greater income than wife and where wife’s share of equitable distribution was primarily an illiquid asset); Kelly v. Kelly, 491 So. 2d 330…
Authorities Cited
- Martinez-Cid v. Recy Martinez-Cid, 559 So. 2d 1177 (Fla. 3d DCA 1990)
- SOL v. SOL, 656 So. 2d 206 (Fla. 3d DCA 1995)
- Heller v. Kuvin, 490 So. 2d 245 (Fla. 3d DCA 1986)
- Lozano-Ciccia v. Lozano, 599 So. 2d 718 (Fla. 3d DCA 1992)
- Reynolds v. Reynolds, 615 So. 2d 243 (Fla. 3d DCA 1993)
- Gomez v. Gomez, 642 So. 2d 107 (Fla. 3d DCA 1994)