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Kleinhenz v. Kleinhenz

District Court of Appeal of Florida, Fourth District
Jan 19, 1990
554 So. 2d 23 (Fla. Dist. Ct. App. 1990)

Opinion

Nos. 88-1879, 88-2464 and 88-2748.

December 20, 1989. Rehearing Denied January 19, 1990.

Consolidated appeals and cross appeals from the Circuit Court for Broward County; Arthur M. Birken, Judge.

Barry M. Wayne and Harold Bluestein of Broad and Cassel, Miami, for appellant/cross appellee.

Terrence P. O'Connor of Morgan, Carratt and O'Connor, P.A., for appellee/cross appellant.


We affirm the trial court's judgment determining that the property settlement agreement was clear and unambiguous on its face and provided for the relief requested by the wife. Pearson v. Pearson, 342 So.2d 1018 (Fla. 4th DCA 1977). We reverse the award of attorney's fees because the wife failed to file a financial affidavit as required by rule 1.611(a), Florida Rules of Civil Procedure, nor did she present competent evidence of her need. Cf. Williamson v. Williamson, 335 So.2d 346 (Fla. 1st DCA 1976).

GLICKSTEIN, WALDEN and WARNER, JJ., concur.


Summaries of

Kleinhenz v. Kleinhenz

District Court of Appeal of Florida, Fourth District
Jan 19, 1990
554 So. 2d 23 (Fla. Dist. Ct. App. 1990)
Case details for

Kleinhenz v. Kleinhenz

Case Details

Full title:DOMINIC J. KLEINHENZ, APPELLANT/CROSS APPELLEE, v. LINDA C. KLEINHENZ…

Court:District Court of Appeal of Florida, Fourth District

Date published: Jan 19, 1990

Citations

554 So. 2d 23 (Fla. Dist. Ct. App. 1990)