Maney v. Maney

District Court of Appeal of Florida

Maney v. Maney

413 So. 2d 131, 1982 Fla. App. LEXIS 19889

CourtDistrict Court of Appeal of Florida

DecidedApril 26, 1982

DocketNo. AE-215

StatusPublished

Cited by3 cases

This text of 413 So. 2d 131 (Maney v. Maney) 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

Maney v. Maney, 413 So. 2d 131, 1982 Fla. App. LEXIS 19889 (Fla. Ct. App. 1982).

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Opinion

SHIVERS, Judge.

Husband appeals an April 27, 1981, order awarding wife attorney’s fee following entry of an earlier final order giving full faith and credit to a Kentucky divorce decree. The order establishing the Kentucky decree in Florida was rendered June 18, 1980. It did not reserve jurisdiction to award an attorney’s fee. The wife filed a motion for attorney’s fees on July 3, 1980. Since the motion was filed after the time for filing petition for rehearing had passed (Fla.R. Civ.P. 1.530(b)), the trial court lacked jurisdiction to award the attorney’s fees. Frumkes v. Frumkes, 328 So.2d 34 (Fla. 3d DCA 1976). Accordingly, the order appealed is REVERSED.

ERVIN and WENTWORTH, JJ., concur.

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SHIVERS, Judge.

Husband appeals an April 27, 1981, order awarding wife attorney’s fee following entry of an earlier final order giving full faith and credit to a Kentucky divorce decree. The order establishing the Kentucky decree in Florida was rendered June 18, 1980. It did not reserve jurisdiction to award an attorney’s fee. The wife filed a motion for attorney’s fees on July 3, 1980. Since the motion was filed after the time for filing petition for rehearing had passed (Fla.R. Civ.P. 1.530(b)), the trial court lacked jurisdiction to award the attorney’s fees. Frumkes v. Frumkes, 328 So.2d 34 (Fla. 3d DCA 1976). Accordingly, the order appealed is REVERSED.

ERVIN and WENTWORTH, JJ., concur.

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413 So. 2d 131, 1982 Fla. App. LEXIS 19889, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maney-v-maney-fladistctapp-1982.

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