EDWARD BECKER, APPELLANT,
v.
ALICE M. BECKER, APPELLEE

Fla. 1st DCA | 2001-02-14
No. 1D00-848
BOOTH, DAVIS and POLSTON, JJ., concur.
778 So. 2d 438 Florida District Court of Appeal, First District (2001) Positive Treatment
Cited by 13 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

In this marital dissolution appeal, the trial court awarded attorney fees to the wife for the husband's contempt and implemented various financial restrictions and asset controls. The husband challenged these orders on multiple grounds, but the appellate court affirmed, finding no abuse of discretion and dismissing several arguments as untimely or not properly preserved for appeal.


Holding

The court affirmed the trial court's order in its entirety. The attorney fee award was proper because the husband's pattern of willful disobedience and abuse of the judicial system precluded him from using financial status as a shield. Several of the husband's challenges were procedurally barred because they were untimely, raised for the first time on appeal, or not properly preserved at trial.


Headnotes

[1] A trial court may award attorney fees for contempt without an express finding of the contemnor's ability to pay when the contemnor's inequitable conduct necessitated the…

[2] A party cannot avoid the consequences of inequitable conduct by claiming diminished financial status as a shield.

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Key Quotes

“a party cannot avoid the consequences of inequitable conduct by using 'diminished financial status as a shield'”

Establishes the key principle that the husband cannot use reduced finances to avoid attorney fee liability for contempt

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Facts & Procedural History

Edward Becker and Alice M. Becker were parties to a marital dissolution proceeding. The trial court issued three show cause orders due to the husband'…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This appeal arises from a marital dissolution proceeding. The appellant husband asserts that the trial court erred in its February 17, 2000, order by: (1) awarding the appellee wife attorney fees for the husband’s contempt without making a finding regarding the husband’s present ability to pay or the wife’s need for the fee award, (2) giving the wife’s attorneys too much control over the husband’s assets and limiting his income to his monthly social security payments, (3) ordering what amounted to an informal partition sale of the parties’ Minnesota property without either party requesting partition, and (4) naming the wife’s attorneys as escrow agents for proceeds from the sale of the parties’ property and receivers of the husband’s pension payments.

We affirm the trial court’s order. The husband argues the trial court awarded the wife attorney fees without assessing his ability to pay or the wife’s need for such an award. See Warnhoff v. Warnhoff, 493 So. 2d 52 (Fla. 4th DCA 1986).

While the record on appeal does not indicate the trial court made an express finding regarding the husband’s ability to pay the fees, such a finding was not required under the circumstances. In Mettler v. Mettler, 569 So. 2d 496, 498 (Fla. 4th DCA 1990), the appellate court held that a party cannot avoid the consequences of inequitable conduct by using “diminished financial status as a shield.” In the instant case, the three show cause orders issued by the trial court demonstrate the instant appellant’s consistent disregard for the trial court’s directions. As in Mettler, the trial court found that the husband’s “antagonistic” and “willful” actions contributed to the amount of attorney fees incurred by the wife. Just as in Mettler, it would have been inequitable for the trial court to allow the husband to use financial status as a shield to protect himself from suffering the consequences of abusing the judicial system.

The husband also argues that the trial court’s February 17, 2000, order was unduly broad and restrictive because it barred him from all of his assets except his social security benefits. This pertains to the requirements of the August 2, 1999, trial court order. Accordingly, the appeal is untimely. Moreover, the argument is being raised for the first time on appeal. Therefore, it is not subject to review by this Court. See Fla.R.App.P. 9.130(b); Wilkerson v. Alachua County, 675 So. 2d 951, 952 (Fla. 1st DCA 1996).

Third, the husband argues the trial court did not have the authority to order the sale of the parties’ Minnesota property. In a dissolution proceeding, a trial court has no authority to partition jointly held property without an appropriate pleading or argument by the parties. Britt v. Britt, 552 So. 2d 323, 324 (Fla. 1st DCA 1989).

However, this issue pertaining to the wife’s dissolution petition is being raised for the first time on appeal and is not subject to review by this Court. See Wilkerson, 675 So. 2d at 952; Garcia v. Garcia, 445 So. 2d 1093 (Fla. 3rd DCA 1984)(holding it could not assess appellant’s argument concerning a pleading deficiency because the argument was not raised at the trial court level). Finally, the husband argues the trial court erred by authorizing the wife’s attorneys to be receivers for his pension benefits and escrow agents for the sale proceeds of the parties’ Minnesota property. By its order entered on August 2, 1999, the trial court adopted the suggestion of the husband’s attorney that the pension proceeds be remitted to a trust account administered by the wife’s attorneys. The husband did not timely appeal and cannot raise this for the first time as an error on appeal. See Fla.R.App.P. 9.130(b); Wilkerson, 675 So. 2d at 952.

AFFIRMED.

BOOTH, DAVIS and POLSTON, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Mohamed S. Rashid v. Shanta Rashid, 35 So. 3d 992 (Fla. 5th DCA 2010)
    …er to incur unnecessary fees as the proceedings progressed. Although there is authority for awards of fees in such circumstances, see Rosen v. Rosen, 696 So. 2d 697 (Fla.1997); Sumlar v. Sumlar, 827 So. 2d 1079 (Fla. 1st DCA 2002); Becker v. Becker, 778 So. 2d 438 (Fla. 1st DCA 2001); Mettler v. Mettler, 569 So. 2d 496 (Fla. 4th DCA 1990), there are no specific findings in the final judgment indicating that Husband’s misconduct is the reason for the fee award other than reference in the first numbered paragra…
  • Myrick v. Myrick, 214 So. 3d 769 (Fla. 2d DCA 2017)
    …ny v. Heiny, 113 So. 3d 897, 903 (Fla. 2d DCA 2013). Unlike the scheme under section 61.16, when proceeding under the inequitable conduct doctrine the trial court does not need to make an express finding of need and ability to pay. Becker v. Becker, 778 So. 2d 438, 439 (Fla. 1st DCA 2001). Although the trial court did not explicitly state the basis for its award, it is evident that the court awarded the fees under the inequitable conduct doctrine. For instance, the trial court made no mention of section 61.1…
  • Reva Shayne Greene v. Hunter Greene, 242 So. 3d 526 (Fla. 1st DCA 2018)

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