FREDERICK JOSEPH REEK, APPELLANT,
v.
CAROLL MANELVIA REEK, APPELLEE

Fla. 4th DCA | 1974-12-06
No. 74-363
OWEN, C. J., and CROSS and MA-GER, JJ., concur.
303 So. 2d 677 Florida District Court of Appeal, Fourth District (1974) Positive Treatment
Cited by 5 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Upon review of the record, appellant’s brief and appendix, the appellee having failed to provide this court with brief and appendix, and examination of the transcript of testimony before the trial court, it appears there was no evidence introduced on the issue of attorneys’ fees. Therefore, the chancellor erred in awarding attorneys’ fees to the appellee. See Goldblatt v. Goldblatt, 277 So. 2d 34 (Fla.App. 1973); Cardillo v. Cardillo, 269 So. 2d 773 (Fla. App. 1972); Thoni v. Thoni, 179 So. 2d 420 (Fla.App.1965); Lyle v. Lyle, 167 So. 2d 256 (Fla.App.1964). Accordingly, the award of attorneys’ fees is reversed and the cause remanded for the purpose of taking of testimony on the issue of '(attorneys’ fees. In all other respects, the order appealed is affirmed.

Affirmed in part, and reversed in part and remanded with directions.

OWEN, C. J., and CROSS and MA-GER, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Demaso v. Demaso, 345 So. 2d 391 (Fla. 3d DCA 1977)
    …testimony adduced on the issue of attorney’s fees, thereby precluding James his right to contest Ellen’s claim to such fees. See Thoni v. Thoni, 179 So. 2d 420 (Fla.3d DCA 1965); Goldblatt v. Goldblatt, 277 So. 2d 34 (Fla.3d DCA 1973); Reek v. Reek, 303 So. 2d 677 (Fla.4th DCA 1974). The cause is remanded to the trial court for the taking of testimony on the issue of attorney’s fees. Affirmed in part, reversed in part.…
  • Segal v. Segal, 353 So. 2d 894 (Fla. 3d DCA 1977)
  • GUY v. GUY, 370 So. 2d 60 (Fla. 1st DCA 1979)
    …es is reversed and the cause remanded for the purpose of taking evidence to determine a reasonable fee, the wife’s need for such an award, and the husband’s ability to pay it. Patterson v. Patterson, 348 So. 2d 592 (Fla. 1st DCA 1977); Reek v. Reek, 303 So. 2d 677 (Fla. 4th DCA 1974). In all other respects, the order is AFFIRMED. McCORD, C. J., and MELVIN and SMITH, LARRY, JJ., concur.…

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