DIANE ROSSI, APPELLANT,
v.
ROBERT W. GARNER, APPELLEE
DIANE ROSSI, APPELLANT,
ROBERT W. GARNER, APPELLEE
724 So. 2d 603
Florida District Court of Appeal, First District (1998)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
The appealed order is affirmed except as to the requirement that the appellee pay only a portion of the appellant’s attorney’s fee and costs. Based on the great disparity in the parties’ incomes and financial positions, we conclude that the failure to award the full amount of the appellant’s reasonable attorney’s fee and costs was an abuse of discretion. See, e.g., Tanck v. Tanck, 675 So. 2d 1039 (Fla.App. 1st DCA 1996). The order is therefore reversed as to this ruling, and the case is remanded.
BARFIELD, C.J., ALLEN and WEBSTER, JJ., CONCUR.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Mobley v. Mobley, 778 So. 2d 343 (Fla. 1st DCA 2000)…abuse its discretion by requiring Mr. Mobley to pay 25 percent of Mrs. Mobley’s attorney’s fees and costs, which total $11,041. Disparity in income is a valid basis for requiring one party to pay for the other’s fees and costs. See Rossi v. Garner, 724 So. 2d 603 (Fla. 1st DCA 1998). Nevertheless, when the parties’ marital assets are equally divided and the husband is required to pay a greater amount of marital debt, it is an abuse of discretion to require him to also pay all of the wife’s fees and costs. Se…
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Marcell v. Marcell, 842 So. 2d 945 (Fla. 1st DCA 2003)…bly (re)distributed on remand, the trial court must decide whether any resulting “disparity in the parties’ incomes and financial positions” requires an award of the former wife’s reasonable attorney’s fees, in whole or in part. See Rossi v. Garner, 724 So. 2d 603, 603 (Fla. 1st DCA 1998). Reversed and remanded, with directions. ERVIN and DAVIS, JJ„ CONCUR.…
Authorities Cited
- Smith v. State, 675 So. 2d 1039 (Fla. 1st DCA 1996)