RICHARD V. HARRISON, APPELLANT,
v.
MARTHA TOOLE HARRISON, APPELLEE
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The court held that the trial court has the authority to enforce an appellate court's award of attorney's fees and costs without express direction from the appellate court.
The plaintiff failed to pay attorney's fees and costs awarded to the defendant by the appellate court. The defendant's attorney petitioned for a rule …
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This matter is before the court on the petition of the attorney for the defendant, Martha Toole Harrison, for a rule to show cause why the plaintiff, Richard V. Harrison, should not be held in contempt of this court for failure to pay attorney’s fees and court costs allowed the defendant by this court on appeal.
This court by per curiam opinion in this cause affirmed on May 27, 1964 the final decree entered by the trial court, Harrison v. Harrison, Fla.App.1964, 165 So.2d 235. On the same day the court allowed the attorney for the defendant a fee of $350.00 and costs of $259.30, which by the admission of the plaintiff have not been paid.
Florida Appellate Rule 3.16(e), 31 F.S.A., provides that an appellate court may upon proper request therefor allow fees for services on appeal. Florida Appellate Rule 3.16(b) provides that all court costs, including appellate court, shall be taxed by the trial court. Grove Press, Inc. v. State ex rel. Gerstein, Fla.App.1964, 166 So.2d 690. Attorneys’ fees have been held to be suit money, and collection thereof may be enforced in the same manner as alimony and support of children upon proper judgment therefor being entered. Orr for Use and Benefit of Walton v. Orr, 1939, 141 Fla. 112, 192 So. 466; Smith v. Smith, 1925, 90 Fla. 824, 107 So. 257; §§ 65.11 and 65.16, Fla.Stat.Annot.
Section 59.27, F.S.A., provides that the decision and determination of an appellate court shall be carried into execution by the officers of the lower court a quo without expressed direction of the appellate court. Accordingly, the trial court has the authority without expressed direction of this court to execute the judgment of this court awarding attorney’s fees on appeal.
Petition denied without prejudice to the right of the petitioner to apply to the trial court for a rule to show cause.
ALLEN, C. J., and SHANNON, J., concur.
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Citator
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Annabelle G. Belcher v. Belcher, 307 So. 2d 918 (Fla. 3d DCA 1975)…, at 14 and 16. . The term “suit money” as so used includes attorney’s fees. See Smith v. Smith, 90 Fla. 824, 107 So. 257; Orr v. Orr, 141 Fla. 112, 192 So. 466; State v. Hobbs, Fla.App.1964, 161 So. 2d 708, 709; Harrison v. Harrison, Fla.App.1965, 178 So. 2d 889, 890; Ortiz v. Ortiz, Fla.App.1967, 208 So. 2d 857, 858.…
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Ortiz v. Ortiz, 208 So. 2d 857 (Fla. 3d DCA 1967)…les. The wife argues that the term “suit money” as used in Sections 65.07 and 65.08, Florida Statutes, F.S.A., is sufficiently broad to encompass an allowance of attorney’s fees to a wife in a divorce action. See Harrison v. Harrison, Fla.App.1965, 178 So. 2d 889 Scanlon v. Scanlon, Fla.App.1963, 154 So. 2d 899; Orr v. Orr, 141 Fla. 112, 192 So. 466 (1939), and Smith v. Smith, 90 Fla. 824, 107 So. 257 (1925). He then concludes that under Codomo v. Emanuel, Fla.1956, 91 So. 2d 653, in which the Supreme Court…
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Heitzman v. Heitzman, 281 So. 2d 578 (Fla. 4th DCA 1973)…dings available to enforce payment of attorney fees awarded to a wife in a divorce judgment? The trial court denied such relief. We reverse and remand upon authority of Orr v. Orr, 1939, 141 Fla. 112, 192 So. 466; Harrison v. Harrison, Fla.App.1965, 178 So. 2d 889; DeFrances v. Knowles, Fla.App.1970, 244 So. 2d 168; State ex rel. Krueger v. Stone, 1939, 137 Fla. 498, 188 So. 575; 10A Fla. Jur., Dissolution of Marriage, § 238. The fees in question stemmed from an agreement made between the parties, which was…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Orr v. Morrison B. Orr, 141 Fla. 112 (Fla. 1939)
- Smith v. Smith, 107 So. 257 (Fla. 1925)
- Bouis v. Trusten B. Drake, 90 Fla. 824 (Fla. 1925)
- Smith v. Smith, 90 Fla. 824 (Fla. 1925)
- Richard v. Harrison, 165 So. 2d 235 (Fla. 2d DCA 1964)
- Grove Press, Inc. v. The State of Fla. ex rel. Richard E. Gerstein, 166 So. 2d 690 (Fla. 3d DCA 1964)