GREGORY EDWARD OLSEN, APPELLANT,
v.
PATRICIA JOYCE (PARKEY) OLSEN, APPELLEE

Fla. 5th DCA | 1998-04-09
No. 97-766
COBB, J., concurs., ANTOON, J., concurs in part; dissents in part, with opinion.
709 So. 2d 614 Florida District Court of Appeal, Fifth District (1998) Positive Treatment
Cited by 2 cases
Topics
Marital Assets Permanent Periodic Alimony Equitable Distribution Attorney'S Fees

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Opinion of the Court
HARRIS, Judge.

[*615] HARRIS, Judge.

The former husband appeals the award of permanent alimony, the requirement to contribute to the wife’s attorney’s fees, the court’s equitable distribution and the finding that certain property is marital property. We reverse that portion of the judgment that requires the husband to contribute to the wife’s attorney’s fees but affirm the balance.

Although the award of permanent alimony in this case is a close question, we affirm on the basis of Canakaris. We find that the trial court’s determination that the Tradewinds mortgage is a marital asset is supported by the record. The equitable distribution, although generous to the wife particularly if one considers the marital funds expended by her prior to the filing of this action, is nonetheless within the court’s reasonable discretion.

However, taking into account the distribution of assets, her alimony and her ability to work (she voluntarily left employment about the time this action was filed), requiring the husband to contribute to her attorney’s fees is unjustified and amounts to an abuse of discretion. The record does not reflect a need on the wife’s part for such contribution.

AFFIRMED in part, REVERSED in part and REMANDED.

COBB, J., concurs.

ANTOON, J., concurs in part; dissents in part, with opinion.

Other
ANTOON, Judge,

ANTOON, Judge,

concurring in part; dissenting in part.

There is insufficient evidence in the record to establish that the trial court abused its discretion in awarding attorney’s fees to the wife. I would therefore affirm the final judgment in its entirety. See Canakaris v. Canakaris, 382 So. 2d 1197, 1203 (Fla.1980).

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  • Olsen v. Olsen, 964 So. 2d 798 (Fla. 5th DCA 2007)
    …e of employment, but his earning capacity exceeded hers; accordingly, the court ordered him to pay permanent periodic alimony of $450 monthly. This court affirmed the alimony and equitable distribution portions of the final judgment. Olsen v. Olsen, 709 So. 2d 614 (Fla. 5th DCA 1998). In 2002, the Former Wife filed motions for contempt and enforcement, which resulted in an order finding the Former Husband to be delinquent and in contempt. They settled the arrearages through March 2004, but Former Husband con…
  • Hough v. State, 773 So. 2d 90 (Fla. 5th DCA 2000)
    …The unwarranted filings of such delayed claims unnecessarily clog the trial and appellate court dockets and constitutes an abuse of the judicial process. Id. at 1368. See Davis v. State, 705 So. 2d 133, 134, n. 2 (Fla. 5th DCA 1998); Young v. State, 709 So. 2d 614 (Fla. 5th DCA 1998). We caution Hough against filing additional successive and time-barred petitions and motions for collateral relief. See Edwards v. State, 760 So. 2d 226 (Fla. 5th DCA 2000) (court has the inherent authority to ban a defendant fr…

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