Smith v. Smith

District Court of Appeal of Florida

Smith v. Smith

539 So. 2d 19, 14 Fla. L. Weekly 577, 1989 Fla. App. LEXIS 1086, 1989 WL 16622

CourtDistrict Court of Appeal of Florida

DecidedMarch 2, 1989

DocketNo. 88-1420

StatusPublished

This text of 539 So. 2d 19 (Smith v. Smith) 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

Smith v. Smith, 539 So. 2d 19, 14 Fla. L. Weekly 577, 1989 Fla. App. LEXIS 1086, 1989 WL 16622 (Fla. Ct. App. 1989).

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Opinion

WIGGINTON, Judge.

Appellant wife appeals the final judgment of dissolution of the parties’ marriage, raising numerous points. After careful consideration, we have found all points to be without merit except her assertion of error in the trial judge’s failure to award her attorney’s fees and court costs. In light of the extreme disparity in the parties’ incomes and in the interest of avoiding an inequitable diminution of appellant’s funds, we agree with her on this issue. See Blackburn v. Blackburn, 513 So.2d 1360 (Fla. 2d DCA 1987) and Kuse v. Kuse, 533 So.2d 828 (Fla. 3d DCA 1988).

[20]*20AFFIRMED in part, REVERSED in part, and REMANDED for an award of attorney’s fees and court costs to appellant.

WENTWORTH and THOMPSON, JJ., concur.

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WIGGINTON, Judge.

Appellant wife appeals the final judgment of dissolution of the parties’ marriage, raising numerous points. After careful consideration, we have found all points to be without merit except her assertion of error in the trial judge’s failure to award her attorney’s fees and court costs. In light of the extreme disparity in the parties’ incomes and in the interest of avoiding an inequitable diminution of appellant’s funds, we agree with her on this issue. See Blackburn v. Blackburn, 513 So.2d 1360 (Fla. 2d DCA 1987) and Kuse v. Kuse, 533 So.2d 828 (Fla. 3d DCA 1988).

[20]*20AFFIRMED in part, REVERSED in part, and REMANDED for an award of attorney’s fees and court costs to appellant.

WENTWORTH and THOMPSON, JJ., concur.

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Bluebook (online)

539 So. 2d 19, 14 Fla. L. Weekly 577, 1989 Fla. App. LEXIS 1086, 1989 WL 16622, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-smith-fladistctapp-1989.

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