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Davies v. Davies

District Court of Appeal of Florida, First District
Aug 28, 2002
824 So. 2d 326 (Fla. Dist. Ct. App. 2002)

Opinion

Nos. 1D01-5075, 1D02-240.

August 28, 2002.

An appeal from the Circuit Court for Alachua County. Toby S. Monaco, Judge.

John F. Roscow, III, of Scruggs Carmichael, P.A., Gainesville, and Jonathan F. Wershow of Wershow Schneider, P.A., Gainesville, for Appellant.

Cynthia Stump Swanson of Swanson Sperling, P.A., Gainesville, for Appellee.


In this consolidated appeal from post-dissolution orders entered by the trial court, we affirm the trial court's award of attorney's fee entitlement as a sanction in the contempt proceeding. See, e.g., Poe v. Poe, 811 So.2d 789, 789-90 (Fla. 4th DCA 2002); Becker v. Becker, 778 So.2d 438, 439 (Fla. 1st DCA 2001); Worthington v. Harty, 677 So.2d 1371, 1371 (Fla. 4th DCA 1996); Mettler v. Mettler, 569 So.2d 496, 498 (Fla. 4th DCA 1990). We find, however, that appellant should have been afforded an opportunity to be heard regarding the amount of the fee awarded. See, e.g., Simpson v. Simpson, 780 So.2d 985, 988 (Fla. 5th DCA 2001); Broyles v. Broyles, 573 So.2d 357, 361 (Fla. 5th DCA 1990). Accordingly, the fee order is VACATED and REMANDED for further proceedings. In all other respects, the orders on appeal are AFFIRMED.

BARFIELD, KAHN, and BROWNING, JJ., concur.


Summaries of

Davies v. Davies

District Court of Appeal of Florida, First District
Aug 28, 2002
824 So. 2d 326 (Fla. Dist. Ct. App. 2002)
Case details for

Davies v. Davies

Case Details

Full title:Douglas J. DAVIES, Appellant, v. Laurie DAVIES, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Aug 28, 2002

Citations

824 So. 2d 326 (Fla. Dist. Ct. App. 2002)