MARGARET M. WILSON, APPELLANT,
v.
HENRY A. WILSON, APPELLEE
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PER CURIAM.
Upon consideration of the briefs and record on appeal we are of the opinion that the order of October 24, 1975 increasing the amount of temporary alimony and providing attorney’s fees and costs should be vacated and set aside. The nature and conduct of the proceedings below were such as to prevent a full and complete consideration of all evidence relevant to the issues under consideration. Moreover, the application for temporary alimony, including temporary attorney’s fees, was not accompanied by the financial statement required by Rule 1.611, Fla.R.Civ.P., nor supported by competent substantial evidence. Provus v. Provus, 44 So. 2d 656 (Fla.1950); Baruch v. Giblin, 122 Fla. 59, 164 So. 831 (1936). Additionally, the award of attorney’s fees for substituted counsel was not made in accordance with the procedure prescribed in Chaachou v. Chaachou, 122 So. 2d 24 (Fla.3d DCA 1960). Accordingly, the order of October 24, 1975 is vacated and set aside and the cause remanded to the trial court for further proceedings consistent herewith.
MAGER, C. J., and WALDEN and DOW-NEY, JJ., concur.
PER CURIAM.
Upon due consideration of appellee’s petition for rehearing and/or clarification this court’s opinion of July 30, 1976 is modified only to the extent of deleting the following sentence:
“. . . Additionally, the award of attorney’s fees for substituted counsel was not made in accordance with the procedure prescribed in Chaachou v. Chaachou, 122 So. 2d 24 (Fla. 3d DCA 1960).”
Notwithstanding the deletion of the foregoing this court reaffirms its original opinion vacating and setting aside the order of October 24, 1975 in its entirety.
MAGER, C. J., and WALDEN and DOW-NEY, JJ. concur.
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Nour v. Nour, 373 So. 2d 379 (Fla. 1st DCA 1979)…ERVIN, Judge. We find the evidence competent and substantial in support of the trial court’s order modifying the child support award in favor of appellee wife, and it is affirmed. Because of plaintiff’s reliance on Wilson v. Wilson, 351 So. 2d 1029 (Fla. 4th DCA 1976), and its requirement that an application for a modification of child support be accompanied by a financial affidavit, we address the first point alleging the lower court erred in refusing to dismiss the wife’s petition for modifi…
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Marrero v. Marrero, 472 So. 2d 886 (Fla. 3d DCA 1985)…cy, 413 So. 2d 472 (Fla. 2d DCA 1982); Frumkes v. Frumkes, 349 So. 2d 823 (Fla. 3d DCA 1977). We further note the failure of the mother to adequately respond to discovery. Estes v. Estes, 373 So. 2d 965 (Fla. 1st DCA 1979); Compare Wilson v. Wilson, 351 So. 2d 1029 (Fla. 4th DCA 1976). The order increasing child support is reversed with directions to deny the petition for increase. Reversed and remanded with directions.…
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Brinkley v. Brinkley, 453 So. 2d 941 (Fla. 4th DCA 1984)…t was “wheelman” in a robbery), pet. for review denied, 426 So. 2d 26 [*944] (Fla.1983). In divorce proceedings, where the record is devoid of competent substantial evidence, an order awarding temporary alimony must be vacated. See Wilson v. Wilson, 351 So. 2d 1029 (Fla. 4th DCA 1976). We therefore hold that the trial court did not abuse its discretion in implicitly holding that the wife was not entitled to an additional $2,000 per month upon moving from the marital home. While she may be entitled to an additi…
Authorities Cited
- Sailing W. Baruch v. Giblen, 122 Fla. 59 (Fla. 1935)
- Provus v. Provus, 44 So.2d 656 (Fla. 1950)
- Khudourie Chaachou v. Fredericka Phillips Chaachou, 122 So. 2d 24 (Fla. 3d DCA 1960)