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Bevacqua v. Bevacqua

District Court of Appeal of Florida, Fourth District
Apr 14, 1982
412 So. 2d 435 (Fla. Dist. Ct. App. 1982)

Opinion

No. 81-881.

April 14, 1982.

Appeal from the Circuit Court, Broward County, Gene Fischer, J.

Jeanne E. Faiks, Fort Lauderdale, for appellant.

Frederick C. Buresh of Sciarretta, Jackvony Buresh, P.A., Fort Lauderdale, for appellee.


Appellant seeks reversal of a final judgment of dissolution because the trial court 1) refused to award her the marital home as lump sum alimony; 2) awarded her only $35 per week rehabilitative alimony; 3) refused to award her attorney's fees, costs and expenses; 4) refused to require appellee to satisfy a lien on the parties' condominium; and 5) refused to award lump sum child support.

Although the award of rehabilitative alimony was somewhat meagre, we hold that the trial judge acted within the parameters of his discretion in making the various determinations complained of with the exception of his refusal to award appellant any attorney's fees in the final judgment. It appears from the record and oral argument that appellant had a clear need for attorney's fees over and above the award pendente lite. While the appellee's ability to pay is not abundant, it is certainly sufficient to meet appellant's need to obtain counsel.

Accordingly, the judgment appealed from is affirmed in all respects except the failure to award appellant attorney's fees is reversed and the cause is remanded with directions to award appellant a reasonable attorney's fee for services of her counsel in the trial court.

AFFIRMED IN PART; REVERSED IN PART, and remanded with directions.

DOWNEY and HERSEY, JJ., and OWEN, WILLIAM C., Jr., Associate Judge, concur.


Summaries of

Bevacqua v. Bevacqua

District Court of Appeal of Florida, Fourth District
Apr 14, 1982
412 So. 2d 435 (Fla. Dist. Ct. App. 1982)
Case details for

Bevacqua v. Bevacqua

Case Details

Full title:BARBARA BEVACQUA, APPELLANT, v. MICHAEL BEVACQUA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Apr 14, 1982

Citations

412 So. 2d 435 (Fla. Dist. Ct. App. 1982)