RICHARD M. DASH, APPELLANT,
v.
GLORIA DASH, APPELLEE

Fla. 3d DCA | 1978-10-10
No. 77-1846
Hubbart, J.
363 So. 2d 48 Florida District Court of Appeal, Third District (1978) Positive Treatment
Cited by 4 cases

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Synopsis

Trial court's award of attorney's fees in a dissolution of marriage action was affirmed because it was supported by substantial competent evidence and did not constitute an abuse of discretion.


Holding

An award of attorney's fees in a dissolution of marriage action is reviewed for abuse of discretion and will be affirmed if supported by substantial competent evidence.


Headnotes

[1] Attorney's fees awards in dissolution of marriage actions are reviewed for abuse of discretion and will be affirmed if supported by substantial competent evidence regardi…

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Key Quotes

“The elements usually considered in determining the amount of attorney's fees are: services rendered, responsibility incurred, the nature of the services, the skill required, the circumstances under which it was rendered, the ability of the litigant to respond, the value of the services to the client, and the beneficial results, if any, of the services.”

Court stated the standard criteria for determining reasonable attorney's fees in family law matters.

Facts & Procedural History

Husband appealed from an award of attorney's fees rendered in favor of wife in a dissolution of marriage action, challenging the award as grossly unre…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant/petitioner/husband appeals from an award of attorney’s fees rendered in favor of appellee/respondent/wife. Basically, appellant challenges the award of attorney’s fees to appellee as being “grossly unreasonable and shocking.”

Attorney’s fees awarded pursuant to a dissolution of marriage action is largely within the discretion of the trial judge. Absent an abuse of that discretion, we will not substitute our judgment for that of the trial court. Krasner v. Krasner, 339 So. 2d 674 (Fla. 3d DCA 1976). As stated in this court’s opinion (per Judge Hubbart) in Pfohl v. Pfohl, 345 So. 2d 371 (Fla. 3d DCA 1971):

“The elements usually considered in determining the amount of attorney’s fees are: services rendered, responsibility incurred, the nature of the services, the skill required, the circumstances under which it was rendered, the ability of the litigant to respond, the value of the services to the client, and the beneficial results, if any, of the services.” at 379.

Based upon the above criteria and the record before us, it is our opinion that there was substantial competent evidence to justify the court’s award and as such, there was no abuse of discretion. Krasner v. Krasner, supra.

Other points raised by appellant are without merit.

Affirmed.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Dominik v. Rolla E, 390 So. 2d 81 (Fla. 3d DCA 1980)
    …transcript of the hearing concerning attorney’s fees, but was supplemented pursuant to this court’s direction and Florida Rule of Appellate Procedure 9.200(f). The record supports the award as within the discretion of the trial court. Dash v. Dash, 363 So. 2d 48 (Fla. 3d DCA 1978). The question concerning the length of time the wife was entitled to possession of the marital residence was addressed by the court in Duncan v. Duncan, 379 So. 2d 949 (Fla.1980). In that case, the court decided that a grant of e…
  • Pfaffko v. Pfaffko, 559 So. 2d 1204 (Fla. 2d DCA 1990)
    …A 1965). As her fourth point on appeal, the wife contests the portion of the final judgment and a subsequent order requiring that the wife pay the husband’s attorney’s fees and costs. We find no abuse of discretion in this regard. See Dash v. Dash, 363 So. 2d 48 (Fla. 3d DCA 1978); Lochridge v. Lochridge, 526 So. 2d 1010, 1012 (Fla. 2d DCA 1988); Casto v. Casto, 458 So. 2d 290, 292-93 (Fla. 4th DCA 1982), aff'd, 508 So. 2d 330 (Fla.1987). As her fifth point on appeal, the wife contests the award to the hus…

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