Evans v. Evans

District Court of Appeal of Florida

Evans v. Evans

801 So. 2d 130, 2001 Fla. App. LEXIS 15699, 2001 WL 1359506

CourtDistrict Court of Appeal of Florida

DecidedNovember 7, 2001

DocketNo. 4D00-4035

StatusPublished

This text of 801 So. 2d 130 (Evans v. Evans) 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

Evans v. Evans, 801 So. 2d 130, 2001 Fla. App. LEXIS 15699, 2001 WL 1359506 (Fla. Ct. App. 2001).

Pincite

Opinion

PER CURIAM.

We affirm all issues except attorney’s fees and costs. The trial court denied the wife’s request for attorney’s fees because she did not put on evidence at the final hearing as to the amount of her attorney’s and accountant’s fees. She did, however, seek them in her pleading as well as in opening statement and closing argument. As the court explained in Seigel v. Seigel, 715 So.2d 326, 327 (Fla. 2d DCA 1998):

The application for attorney’s fees and costs implicitly carried with it a request for a separate hearing on the amount of attorney’s fees and costs in the event that the court ruled that she was entitled to such fees and costs at the final hearing.

See also Iribar v. Iribar, 510 So.2d 1023 (Fla. 3d DCA 1987). We therefore reverse.

KLEIN, SHAHOOD and GROSS, JJ., concur.

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