JEWEL GUTH, APPELLANT,
v.
HENRY A. GUTH, APPELLEE
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PER CURIAM.
We withdraw and vacate our previous opinion filed in this case on December 17, 1976. The court’s former opinion was based upon Section 47.163, Florida Statutes (1975), which was in effect at the time of rendition of the order appealed. However, while the appeal was pending Section 47.163 was repealed effective September 1, 1976.
An appellate court, in reviewing a judgment on direct appeal, will dispose of the casé according to the law prevailing at the time of the appellate disposition, and not according to the law prevailing at the time of rendition of the judgment appealed. Florida East Coast Ry. v. Rouse, 194 So. 2d 260 (Fla.1966).
Section 47.163 not being applicable we find that the trial court did not abuse its discretion in granting appellee’s petition for change of venue based upon Section 47.122, Florida Statutes (1975).
AFFIRMED. DOWNEY and ALDERMAN, JJ., and DURANT, JOSEPH N., Jr., Associate Judge, concur.
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Fla. Glass & Mirror Co. OF Orlando, Inc. v. Econ. King Equip. Co., 353 So. 2d 596 (Fla. 4th DCA 1977)…determination of this appeal occurred after that date, the appellee, as the prevailing party, is entitled to the payment of reasonable attorney’s fees on appeal. The law in effect at the time of appellate disposition is to be applied. Guth v. Guth, 346 So. 2d 81 (Fla. 4th DCA 1977). Affirmed and remanded to the trial court for the determination and award of reasonable attorney’s fees to appellee as the prevailing party on appeal. AFFIRMED and REMANDED. DOWNEY and LETTS, JJ., concur.…
Authorities Cited
- Fla. E. Coast Ry. Co. v. Rouse, 194 So. 2d 260 (Fla. 1966)