Reardon v. Reardon

District Court of Appeal of Florida

Reardon v. Reardon

355 So. 2d 207, 1978 Fla. App. LEXIS 15321

CourtDistrict Court of Appeal of Florida

DecidedFebruary 22, 1978

DocketNo. GG-496

StatusPublished

Cited by3 cases

This text of 355 So. 2d 207 (Reardon v. Reardon) 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

Reardon v. Reardon, 355 So. 2d 207, 1978 Fla. App. LEXIS 15321 (Fla. Ct. App. 1978).

Pincite

Opinion

PER CURIAM.

The husband appeals the final judgment awarding the wife rehabilitative alimony and attorney fees. We find the trial judge erred in awarding attorney fees since the wife made no request for such fees in her pleading. Johnson v. Johnson, 346 So.2d 591 (Fla. 1st DCA 1977).

We also find error in the trial judge’s award of rehabilitative alimony. The wife did not appear at the final hearing and failed to present any testimony whatsoever concerning her needs. Any award of alimony of course must be based on the spouse’s needs and the other’s ability to pay. Sisson v. Sisson, 336 So.2d 1129 (Fla. 1976). The awards of rehabilitative alimony and attorney fees are therefore

REVERSED.

BOYER, Acting C. J., and MILLS and ERVIN, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI