BURT HUNTER, APPELLANT,
v.
MARJORIE B. HUNTER, ALSO KNOWN AS MARJORIE B. MARTIN, AND PAUL B. MARTIN, APPELLEES

Fla. 3d DCA | 1969-04-08
Nos. 68-834, 68-835
Before CHARLES CARROLL, C. J., and BARKDULL and SWANN, JJ.
221 So. 2d 189 Florida District Court of Appeal, Third District (1969) Positive Treatment
Cited by 1 case

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Synopsis

In this divorce-related appeal, the Florida District Court of Appeal affirmed an order awarding attorney's fees to the former wife, holding that the trial court retained jurisdiction to award such fees because the original divorce judgment expressly reserved jurisdiction over attorney's fees and other post-decree matters.


Holding

The court affirmed the award of attorney's fees, holding that because the original final judgment expressly reserved the trial court's jurisdiction to make orders relating to attorney's fees and other matters, the trial court retained its original jurisdiction to award such fees and the award was not an impermissible post-final decree order.


Key Quotes

“the Court retains jurisdiction of this cause to make and enter such other further orders as relates to alimony, child support, counsel fees, costs of this proceeding and further for the purpose of considering any property settlement agreement as may be presented to this court for approval and ratification.”

The trial court's express reservation of jurisdiction in the original divorce decree, which preserved authority to award attorney's fees

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Facts & Procedural History

The appellant-husband and former wife were divorced in July 1966 by final judgment that expressly reserved the trial court's jurisdiction to award att…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellant-husband, defendant in the trial court, seeks review of an order requiring him to pay attorney’s fees to his former wife. From the record, it appears she instituted a suit for divorce against him, which culminated in July of 1966 in a final judgment of divorce wherein the trial judge made the following reservation:

* * * * * *
“ * * * Accordingly, the Court retains jurisdiction of this cause to make and enter such other further orders as relates to alimony, child support, counsel fees, costs of this proceeding and further for the purpose of considering any property settlement agreement as may be presented to this court for approval and ratification.”
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Thereafter, the parties were unable to reach a signed agreement in settlement of their affairs, and the matter came on for further extensive hearings before the trial court resulting in an order wherein he found that the parties had [by their actions] entered into an agreement in reference to property rights, alimony, support, etc., and that the same had been fully complied with by the appellant. He thereupon ordered the parties to comply therewith and adjudicated an attorney’s fee in favor of the former wife’s attorney. The appellant has appealed and assigned error in the awarding of the fee, contending it was a post-final decree award and not permitted because it was not in defense of the original decree, citing Gullette v. Ochoa, Fla.App.1958, 104 So.2d 799; Dillman v. Dillman, Fla.App.1958, 105 So.2d 33; Fleming v. Fleming, Fla.App.1965, 177 So.2d 384. The former wife has cross-assigned error, contending that the trial court erred in requiring her to comply with the terms of the agreement which he found to be in existence. We affirm.

The authorities relied on by the appellant relate to matters arising after the completion of the divorce proceeding. It is apparent from the original reservation that the trial court had not completed its labor in the initial final judgment entered divorcing the parties.1 Therefore, he still *191retained his original jurisdiction to award an attorney’s fee.

.We find no merit in the appellee’s cross-assignment of error. She accepted substantial sums from the appellant in accordance with their understanding, and she should not now be permitted to renege on her agreements. Warren v. Tampa Mortgage Investors Co., 112 Fla. 555, 150 So. 738; Haynes v. Haynes, Fla.1954, 71 So.2d 491; United Contractors, Inc. v. United Construction Corporation, Fla.App.1966, 187 So.2d 695; 10 Fla.Jur., Divorce, Separation and Annulment, § 188; 12 Fla.Jur., Estoppel and Waiver, § 72.

Therefore, for the reasons above stated, the order here under review be and the same is hereby affirmed.

Affirmed.


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