HERBERT HERNANDEZ, APPELLANT,
v.
SHARON HERNANDEZ, APPELLEE

Fla. 2d DCA | 1973-12-19
No. 72-1060
MANN, C. J., BOARDMAN, J., and SCHWARTZ, ALAN R., Associate Judge, concur.
287 So. 2d 691 Florida District Court of Appeal, Second District (1973) Negative Treatment
Cited by 42 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Reversed on authority of Turner v. State, Fla.App.1973, 283 So. 2d 157.

MANN, C. J., BOARDMAN, J., and SCHWARTZ, ALAN R., Associate Judge, concur.

Other
BOARDMAN, Judge.

BOARDMAN, Judge.

Appellee petitioned for rehearing on the ground that Turner v. State, Fla.App.2nd 1973, 283 So. 2d 157, was not applicable, and indicated several dissimilarities between Turner and the instant case. The appellee failed to note the key similarity between the two cases:

The central and basic question presented is whether there was competent evidence before the trial court to justify and warrant its finding that the appellant, by his acts, words, and/or deeds, was guilty of direct criminal contempt.

(Turner v. State, supra, p. 159).

Petition denied.

MANN, C. J., and SCHWARTZ, ALAN R., Associate Judge, concur.


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  • Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)
    …abuse of discretion. The final issue presented to us is whether the award of the wife’s attor [*1205] ney’s fees, to be determined at a subsequent hearing, was error. In Cummings v. Cummings, 330 So. 2d 134, 136 (Fla.1976), we cited Mertz v. Mertz, 287 So. 2d 691 (Fla. 2d DCA 1973), as correctly stating that the purpose of section 61.16, Florida Statutes, was to ensure that both parties will have similar ability to secure competent legal counsel. Without question, the financial positions of the parties in th…
  • Rosen v. Rosen, 696 So. 2d 697 (Fla. 1997)
    …aris, 382 So. 2d 1197, 1205 (Fla.1980)(purpose of section 61.16 is “to ensure that both parties will have similar ability to secure competent legal counsel”); Cummings v. Cummings, 330 So. 2d 134, 136 (Fla.1976)(quoting with approval Mertz v. Mertz, 287 So. 2d 691, 692-93 (Fla. 2d DCA 1973))(“[T]he purpose of awarding attorney fees under the new dissolution of marriage law has not changed, in our view, from the purposes contemplated by its predecessors; that purpose is to ensure that both parties will have re…
  • Cummings v. Cummings, 330 So. 2d 134 (Fla. 1976)
    …1966). . 252 So. 2d 825 (Fla.App.1971). . 263 So.2a 588 (Fla.App.1972). . 277 So. 2d 583 (Fla.App.1973). . Id. at 585. . Naf v. Wahlberg, 288 So. 2d 576 (Fla.App. 1974) ; Steinhmer, supra, see Note 4. . Gordon v. Gordon, supra, see Note 2., . 287 So. 2d 691 (Fla.App.1973). . 262 So. 2d 269, 272 (Fla.App.1972).…

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