IDA K. WRIGHT
v.
VINCENT STARR WRIGHT
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The Florida Supreme Court denied a motion for temporary alimony, attorney's fees, and suit money pending appeal because the appellant failed to provide the court with the record of the order being appealed. Without the record, the court could not determine if the appeal had merit.
No, the respondent should not be required to pay the requested sums because the appellant has not provided the court with the record of the order dismissing her bill of complaint. Without this record, the court cannot determine if the appeal has merit.
“The petition shows that the order dismissed movant's bill of complaint. If the bill of complaint was properly dismissed appellee should not be required to make the payments prayed.”
This quote explains the basis for the appeal and the court's initial consideration of the motion.
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Join FLexlaw to unlock all legal intelligenceThe appellant, Ida K. Wright, filed a motion requesting the respondent, Vincent Starr Wright, to pay her temporary alimony, attorney's fees, suit mone…
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This cause is before us on motion that an order be entered here requiring Vincent Starr Wright, the respondent herein, to pay her such sum or sums of money as this Honorable Court may deem to be reasonable and just, as and for (1) temporary alimony and support and maintenance money for herself, (2) reasonable attorney’s fees for prosecuting this her said appeal, (3) suit money, and (4) reasonable allowance for the necessary and proper copies of transcript of record of this appeal, and (5) such other sums which are necessary for the proper prosecution of this appeal.
Certificate of the clerk of the circuit court shows that an order had been entered from which appeal has been taken, but the order is not before us.
The petition shows that the order dismissed movant’s bill of complaint. If the bill of complaint was properly dismissed appellee should not be required to make the payments prayed.
We have no record upon which to determine that the chancellor committed error.
If the appeal is without merit, suit money and alimony should not be allowed.
■Motion will be denied without prejudice to renewal thereof if and when the record showing prima facie merit of appeal is filed here.
*581So ordered.
Terrell, C. J., Whitfield, Buford and Chapman, J. J., concur.
Thomas, J., dissents.
Justice Brown not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this Court.
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Titcomb v. Soloman F. Titcomb, 160 Fla. 320 (Fla. 1948)…ll be allowed in this court. The application for counsel fees is addressed to the sound discretion of the appellate court. Troeger v. Troeger, 127 Fla. 53, 172 So. 473; Phillips v. Phillips, 142 Fla. 270, 194 So. 786; Wright v. Wright, 142 Fla. 580, 195 So. 201. The petition for an allowance of attorney fees for services rendered in this Court is denied and the decree appealed from is affirmed. THOMAS, C. J.,' TERRELL and SEBRING, JJ„ concur.…
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Penelope Seaver Fownes v. Fownes, 160 Fla. 371 (Fla. 1948)…per decree has been entered. See Woodward v. Woodward, 122 Fla. 300, 165 So. 46; Phifer v. Phifer, 124 Fla. 223, 168 So. 9; Troeger v. Troeger, 127 Fla. 53, 172 So. 473; Phillips v. Phillips 142 Fla. 270, 194 So. 786; Wright v. Wright, 142 Fla. 580, 195 So. 201. It must be made to appear that she has not brought a record here in violation of the rules of this Court, particularly Supreme Court Rule 11 (2) (a) and (b), as follows: “ (a) Guide to Preparation of Record on Appeal. The questions raised or the g…