Rossi v. Garner

District Court of Appeal of Florida

Rossi v. Garner

724 So. 2d 603, 1998 Fla. App. LEXIS 15246, 1998 WL 835126

CourtDistrict Court of Appeal of Florida

DecidedDecember 4, 1998

DocketNo. 97-4758

StatusPublished

Cited by2 cases

This text of 724 So. 2d 603 (Rossi v. Garner) 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.

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Rossi v. Garner, 724 So. 2d 603, 1998 Fla. App. LEXIS 15246, 1998 WL 835126 (Fla. Ct. App. 1998).

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Opinion

PER CURIAM.

The appealed order is affirmed except as to the requirement that the appellee pay only a portion of the appellant’s attorney’s fee and costs. Based on the great disparity in the parties’ incomes and financial positions, we conclude that the failure to award the full amount of the appellant’s reasonable attorney’s fee and costs was an abuse of discretion. See, e.g., Tanck v. Tanck, 675 So.2d 1039 (Fla.App. 1st DCA 1996). The order is therefore reversed as to this ruling, and the case is remanded.

BARFIELD, C.J., ALLEN and WEBSTER, JJ., CONCUR.

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PER CURIAM.

The appealed order is affirmed except as to the requirement that the appellee pay only a portion of the appellant’s attorney’s fee and costs. Based on the great disparity in the parties’ incomes and financial positions, we conclude that the failure to award the full amount of the appellant’s reasonable attorney’s fee and costs was an abuse of discretion. See, e.g., Tanck v. Tanck, 675 So.2d 1039 (Fla.App. 1st DCA 1996). The order is therefore reversed as to this ruling, and the case is remanded.

BARFIELD, C.J., ALLEN and WEBSTER, JJ., CONCUR.

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724 So. 2d 603, 1998 Fla. App. LEXIS 15246, 1998 WL 835126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rossi-v-garner-fladistctapp-1998.

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