Costea v. Sanzo

District Court of Appeal of Florida

Costea v. Sanzo

378 So. 2d 1327, 1980 Fla. App. LEXIS 15617

CourtDistrict Court of Appeal of Florida

DecidedJanuary 15, 1980

DocketNo. 79-1534

StatusPublished

This text of 378 So. 2d 1327 (Costea v. Sanzo) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Costea v. Sanzo, 378 So. 2d 1327, 1980 Fla. App. LEXIS 15617 (Fla. Ct. App. 1980).

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Opinion

PER CURIAM.

We conclude that the trial court erred in granting the appellee-husband a $2,300 credit so as to reduce to $1,000, the amount he owed in accrued past-due child support payments, the right to which had become vested in the wife. Hynes v. Hynes, 277 So.2d 557 (Fla. 3d DCA 1973); Petrucci v. Petrucci, 252 So.2d 867 (Fla. 3d DCA 1971); see Teta v. Teta, 297 So.2d 642 (Fla. 1st DCA 1974), and cases cited; cf. Gottesman v. Gottesman, 220 So.2d 640 (Fla. 3d DCA 1969). Upon remand, paragraph 7 of the order under review shall be amended to adjudicate an arrearage of $3,300.

Because the wife presented no evidence either of the value of counsel’s sérvices or [1328]*1328of her existing need, the denial of her claim for attorney’s fees below is affirmed. Schwebke v. Schwebke, 347 So.2d 645 (Fla. 3d DCA 1977); Johnson v. Johnson, 346 So.2d 591 (Fla. 1st DCA 1977).

Affirmed in part, reversed in part and remanded.

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PER CURIAM.

We conclude that the trial court erred in granting the appellee-husband a $2,300 credit so as to reduce to $1,000, the amount he owed in accrued past-due child support payments, the right to which had become vested in the wife. Hynes v. Hynes, 277 So.2d 557 (Fla. 3d DCA 1973); Petrucci v. Petrucci, 252 So.2d 867 (Fla. 3d DCA 1971); see Teta v. Teta, 297 So.2d 642 (Fla. 1st DCA 1974), and cases cited; cf. Gottesman v. Gottesman, 220 So.2d 640 (Fla. 3d DCA 1969). Upon remand, paragraph 7 of the order under review shall be amended to adjudicate an arrearage of $3,300.

Because the wife presented no evidence either of the value of counsel’s sérvices or [1328]*1328of her existing need, the denial of her claim for attorney’s fees below is affirmed. Schwebke v. Schwebke, 347 So.2d 645 (Fla. 3d DCA 1977); Johnson v. Johnson, 346 So.2d 591 (Fla. 1st DCA 1977).

Affirmed in part, reversed in part and remanded.

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Bluebook (online)

378 So. 2d 1327, 1980 Fla. App. LEXIS 15617, Counsel Stack Legal Research, https://law.counselstack.com/opinion/costea-v-sanzo-fladistctapp-1980.

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