ELLIOT W. BUTTS, JR., APPELLANT,
v.
LOUISE A. BUTTS, APPELLEE
PER CURIAM.
Husband appeals a $10,000 attorney’s fee award to wife in a dissolution judgment. We agree that the award was erroneous and reverse. Although there are conflicting estimates of the parties’ respective net worths, the record reveals that both parties have substantial assets. This court has held consistently that when a party has been shown to have the ability to pay for the services of his or her attorney, it is improper to require the other party to pay for those services, even though he or she may have the ability. See Johnson v. Johnson, 346 So. 2d 591 (Fla. 1st DCA 1977); Patterson v. Patterson, 348 So. 2d 592 (Fla. 1st DCA 1977); Canakaris v. Canakaris, 356 So. 2d 858 (Fla. 1st DCA 1978). The pre-“no-fault” case of Valparaiso Bank & Trust Co. v. Sims, 343 So. 2d 967 (Fla. 1st DCA 1977), is distinguishable in that wife there was, as noted by the court, not shown to have the ability to pay a lawyer at the time of the divorce or at the time of the fee hearing.
The award of attorney’s fees is reversed.
MILLS and ERVIN, JJ., concur. McCORD, C. J., dissents.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Andrews v. Andrews, 409 So. 2d 1135 (Fla. 2d DCA 1982)…invading her assets. “[W]hen a party has been shown to have the ability to pay for the services of his or her attorney, it is improper to require the other party to pay for those services, even though he or she may have the ability.” Butts v. Butts, 362 So. 2d 349 (Fla.1st DCA 1978). Accordingly, the original and supplemental orders modifying the alimony award to the wife and requiring the husband to pay the wife’s attorney’s fees are REVERSED and the cause REMANDED for further proceedings consistent with th…
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Scattergood v. Scattergood, 363 So. 2d 601 (Fla. 4th DCA 1978)…he husband. Accordingly, the final judgment is reversed as to the award of attorney’s fee to the wife and in all other respects the final judgment is affirmed. REVERSED IN PART; AFFIRMED IN PART. CROSS and BERANEK, JJ., concur. . Butts v. Butts, 362 So. 2d 349, 1st DCA Opinion filed August 10, 1978.…
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Burton A. Greenberg v. Greenberg, 397 So. 2d 1032 (Fla. 3d DCA 1981)…therage v. Deatherage (Fla. 5th DCA) (opinion filed February 25, 1981); Hill v. Hill, 376 So. 2d 472 (Fla. 4th DCA 1979); Robinson v. Robinson, 366 So. 2d 1210 (Fla. 1st DCA 1979); Ritter v. Ritter, 362 So. 2d 384 (Fla. 3d DCA 1978); Butts v. Butts, 362 So. 2d 349 (Fla. 1st DCA 1978); Watterson v. Watterson, 353 So. 2d 1185 (Fla. 1st DCA 1977). Appellee’s argument is totally without merit. Because no formal order had been entered regarding attorney’s fees, the matter was not previously argued before, nor de…
Authorities Cited
- Patterson v. Patterson, 348 So. 2d 592 (Fla. 1st DCA 1977)
- Johnson v. Johnson, 346 So. 2d 591 (Fla. 1st DCA 1977)
- The Valparaiso Bank & Tr. Co. C. T. A. of the Est. of Coleman L. Kelly v. Sims, 343 So. 2d 967 (Fla. 1st DCA 1977)
- Canakaris v. Canakaris, 356 So. 2d 858 (Fla. 1st DCA 1978)