RANDALL FRANCIS REARDON, APPELLANT,
v.
SHELLY ANN REARDON, APPELLEE
RANDALL FRANCIS REARDON, APPELLANT,
SHELLY ANN REARDON, APPELLEE
355 So. 2d 207
Florida District Court of Appeal, First District (1978)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
The husband appeals the final judgment awarding the wife rehabilitative alimony and attorney fees. We find the trial judge erred in awarding attorney fees since the wife made no request for such fees in her pleading. Johnson v. Johnson, 346 So. 2d 591 (Fla. 1st DCA 1977).
We also find error in the trial judge’s award of rehabilitative alimony. The wife did not appear at the final hearing and failed to present any testimony whatsoever concerning her needs. Any award of alimony of course must be based on the spouse’s needs and the other’s ability to pay. Sisson v. Sisson, 336 So. 2d 1129 (Fla. 1976). The awards of rehabilitative alimony and attorney fees are therefore
REVERSED.
BOYER, Acting C. J., and MILLS and ERVIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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McCALLUM v. McCALLUM, 364 So. 2d 97 (Fla. 4th DCA 1978)…tion. The trial court eventually dismissed the wife’s request for attorneys’ fees with prejudice. We find the trial court to have been completely correct in doing so. See, Frumkes v. Frumkes, 328 So. 2d 34 (Fla. 3d DCA 1976), and Reardon v. Reardon, 355 So. 2d 207 (Fla. 1st DCA 1978). Appellant argues that a reservation of jurisdiction regarding attorneys’ fees was contained in the initial final judgment and that this reservation requires a different result. This argument is without merit since the reservatio…
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Buchman v. Buchman, 382 So. 2d 1337 (Fla. 3d DCA 1980)…tes that there was a complete absence of evidence to support either the husband’s need or the ability of the wife to pay alimony. Absent such a showing, it was error to impose permanent periodic alimony obligations upon the wife. Reardon v. Reardon, 355 So. 2d 207 (Fla. 1st DCA 1978); Ross v. Ross, 321 So. 2d 443 (Fla. 3d DCA 1975). This provision of the final judgment of dissolution is reversed. In all other respects, the judgment under review is affirmed.…
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Dawna Michele Berlin v. Berlin, 395 So. 2d 1260 (Fla. 3d DCA 1981)…, 328 So. 2d 34 (Fla. 3d DCA 1976). Furthermore, appellant is precluded from seeking attorney’s fees by her failure to request them in her petition for change of custody. McCallum v. McCallum, 364 So. 2d 97 (Fla. 4th DCA 1978); Reardon v. Reardon, 355 So. 2d 207 (Fla. 1st DCA 1978). We therefore find no error in the court’s failure to conduct a hearing on that issue. Affirmed.…
Authorities Cited
- Sisson v. Sisson, 336 So. 2d 1129 (Fla. 1976)
- Johnson v. Johnson, 346 So. 2d 591 (Fla. 1st DCA 1977)