LEO F. STONE, APPELLANT,
v.
ETTA M. STONE, APPELLEE

Fla. 2d DCA | 1977-06-17
No. 76-1705
BOARDMAN, C. J., and GRIMES, J., concur.
346 So. 2d 1242 Florida District Court of Appeal, Second District (1977) Positive Treatment
Cited by 11 cases


Opinion of the Court
SCHEB, Judge.

SCHEB, Judge.

On appeal from a final judgment of dissolution of marriage, appellant/husband contends the trial court erred in its awards of alimony and attorney’s fees. During oral argument counsel for appellant abandoned his contention that the award of $350 for attorney’s fees was improper because it was not based upon expert testimony as to the reasonableness of this sum. Counsel for appellant continued to maintain that the appellee/wife was not entitled to attorney’s fees, or in the alternative that she had abandoned her claim thereto.

In the past we have repeatedly reversed awards of attorney’s fees not predicated upon expert evidence as to reasonableness. See, e. g., Nivens v. Nivens, 312 So. 2d 201 (Fla.2d DCA 1975); Lyle v. Lyle, 167 So. 2d 256 (Fla.2d DCA 1964). However, in view of appellant’s abandonment of any argument as to the reasonableness of the attorney’s fees, and finding appellant’s other points on appeal to be without merit, the judgment of the trial court is affirmed.

BOARDMAN, C. J., and GRIMES, J., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (11 total)

  • Peter Marich & Assocs., Inc. v. Powell, 365 So. 2d 754 (Fla. 2d DCA 1978)
    …Motels, Ltd., 324 So. 2d 676 (Fla.4th DCA 1975). Since appellees did not present sufficient evidence to support their counterclaim, the trial court properly granted appellant’s motion for involuntary dismissal. Fla.R.Civ.P. 1.420; see Curls v. Tew, 346 So. 2d 1242 (Fla.lst DCA 1977); 10 Fla.Jur. Dismissal, Etc. § 12 (1973). Affirmed in part, reversed in part, and remanded for further proceedings consistent with this opinion. BOARDMAN, Acting C. J., and DAN-AHY, J., concur. . Appellees point out that they t…
  • Vance v. Indian Hammock Hunt & Riding Club, Ltd., 403 So. 2d 1367 (Fla. 4th DCA 1981)
    …ative value of the evidence, restricting the trial court solely to a determination of whether the evidence, viewed in a light most favorable to the plaintiffs, presented a prima facie case. Tillman v. Baskin, 260 So. 2d 509 (Fla.1972); Curls v. Tew, 346 So. 2d 1242 (Fla. 1st DCA 1977). Mr. Vance and Mr. Hartleb each testified that he had purchased one or more lots in the development in reliance upon the statements contained in the sales brochure, as supplemented by oral statements made by defendant’s salesman…
  • DAY v. Amini, 550 So. 2d 169 (Fla. 2d DCA 1989)
    …ade on behalf of Julia Day. A motion for involuntary dismissal pursuant to Florida Rule of Civil Procedure 1.420(b), which is used in nonjury trials, was formerly known as a motion for directed verdict, and the same law is applicable. Curls v. Tew, 346 So. 2d 1242 (Fla. 1st DCA 1977). In making the motion, the movant admits the truth of all facts in evidence and every reasonable conclusion or inference based thereon favorable to the non-moving party. See Hartnett v. Fowler, 94 So. 2d 724 (Fla.1957). Where the…

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