DONN F. FLIPSE, APPELLANT,
v.
YADIRA FLIPSE, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
In this dissolution of marriage case, the Florida District Court of Appeal affirmed an award of $17,500 in attorney's fees to the ex-wife's counsel, but modified the payment schedule to three equal annual installments based on the husband's limited liquid assets and modest weekly income.
The trial court did not abuse its discretion in awarding $17,500 as reasonable attorney's fees, as substantial competent evidence supported the award. However, the award's payment schedule should be modified to three equal annual installments given the appellant's limited financial resources.
[1] The amount of attorney's fees awarded in a dissolution of marriage action is within the sound judicial discretion of the trial court.
[2] An appellate court will not substitute its judgment for that of the trial court regarding attorney's fees absent an abuse of discretion.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“It is fundamental that the amount of attorney's fees awarded pursuant to a dissolution of marriage action is a matter largely within the sound judicial discretion of the chancellor and in. the absence of a showing of abuse of discretion as to the amount awarded, the appellate court will not substitute its judgment for that of the chancellor.”
Establishes the deferential standard of review for attorney's fee awards in dissolution cases
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceDonn Flipse filed for dissolution of marriage seeking custody of the minor child; Yadira Flipse countered seeking the same. During trial, the parties …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Petition For Dissolution Of Marriage cases and more on FLexlaw
PER CURIAM.
This appeal is by the petitioner below from an order awarding counsel for the respondent, ex-wife, $17,500 as a reasonable attorney’s fee.
Petitioner-appellant, Donn F. Flipse, filed a petition for dissolution of marriage and prayed therein for both temporary and permanent custody of the minor child. Respondent-appellee, Yadira Flipse, answered and counter-claimed for dissolution of marriage. In addition appellee also sought custody of the minor child. Subsequently the cause of action was tried and during the course of the trial a settlement agreement was reached between the parties and their respective counsel. Thereupon the chancellor entered a judgment dissolving the marital bonds between petitioner and respondent and reserved jurisdiction to award counsel for the respondent reasonable attorney’s fees.
Thereafter, a hearing thereon was held at the conclusion of which the chancellor awarded the respondent-appellee’s counsel $17,500 as a fee for his services. Further, a lien was established in favor of respondent’s counsel on petitioner-appellant’s 614 shares of Exotic Gardens, Inc. stock and his 15 shares of Gulfstream Park Racing Ass’n, Inc. stock. The chancellor further ordered that petitioner be restrained from encumbering or disposing of said stock. This appeal followed.
Petitioner-appellant contends that the trial court erred in awarding counsel for respondent-appellee an attorney’s fee of $17,500. We cannot agree.
It is fundamental that the amount of attorney’s fees awarded pursuant to a dissolution of marriage action is a matter largely within the sound judicial discretion of the chancellor and in. the absence of a showing of abuse of discretion as to the amount awarded, the appellate court will not substitute its judgment for that of the chancellor. See, 10A Fla.Jur. Dissolution of Marriage § 222 (1973) and cases cited therein. The record with regards to this issue reflects that at the hearing to determine the amount of attorney’s fees counsel for respondent introduced evidence detailing all of the time which he devoted in preparation of this case and expert testimony as to a reasonable amount to be awarded as a fee ranged from $7,500 to $25,000. In addition, the petitioner-appel-Tant admits that at times the litigation was intensive and involved a very real possibility of a heated custody battle. Thus, we conclude that there was substantial competent evidence to support the award of $17,500 as a reasonable attorney’s fee in 'the instant case. However, since it affirmatively appears that petitioner earns a gross salary of $250.00 per week and does not have sufficient liquid assets to satisfy the award in one payment, we have decided that it would be more equitable to require the appellant to pay the attorney’s fee in three equal annual installments.
Accordingly, the cause is remanded to modify the order awarding attorney’s fees as to date of payments only, and as modified the order herein appealed is affirmed.
Affirmed as modified.
HENDRY, Judge
(dissenting).
I respectfully dissent on the ground that the trial court’s award of $17,500.00 attorney fees was excessive when viewed in the light of the appellant’s financial ability to pay.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Clair Krasner v. Krasner, 339 So. 2d 674 (Fla. 3d DCA 1976)…e action is a matter largely within the trial judge’s discretion; in the absence of a showing of an abuse of discretion as to the amount awarded, the appellate court will not substitute its judgment for that of the trial court. See Flipse v. Flipse, 305 So. 2d 16 (Fla. 3rd DCA 1974). Testimony was taken as to the time and effort expended in the preparation and trial of this case, and expert testimony adduced as to the value thereof ranged from $15,000 to $75,000. Considering the record, we find that there wa…
-
Young, Stern & Tannenbaum, P.A. v. Ernst, 453 So. 2d 99 (Fla. 3d DCA 1984)…e ability to earn the sums necessary to pay the deferred portion of lump sum alimony and [*103] the attorney’s fees and costs. House v. House, 399 So. 2d 1025 (Fla. 3d DCA 1981); Harder v. Harder, 331 So. 2d 341 (Fla. 2d DCA 1976); Flipse v. Flipse, 305 So. 2d 16 (Fla. 3d DCA 1975). We find no abuse of discretion in the exercise of this power under the circumstances as found in the final judgment of dissolution which permeates all the subsequent orders. The trial court was attempting to preserve those asset…
-
Urban v. Urban, 424 So. 2d 22 (Fla. 3d DCA 1982)…7); Goldberg v. Goldberg, 327 So. 2d 828 (Fla. 3d DCA 1976). The award of attorney’s fee was within the range of the evidence and there has been no error shown in this regard. Krasner v. Krasner, 339 So. 2d 674 (Fla. 3d DCA 1976); Flipse v. Flipse, 305 So. 2d 16 (Fla. 3d DCA 1974). Therefore the amended final judgment of dissolution of marriage be and the same is hereby affirmed. Affirmed.…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence