Niesen v. Niesen

Full title: LOIS NIESEN, APPELLANT, v. STEPHEN MICHAEL NIESEN, M.D., APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: May 10, 1977

345 So. 2d 348 (Fla. Dist. Ct. App. 1977)

Opinion

No. 76-2064.

March 25, 1977. Rehearing Denied May 10, 1977.

Interlocutory appeal from Circuit Court, Broward County; Gene Fischer, Judge.

Harry G. Carratt, Morgan, Carratt O'Connor, Fort Lauderdale, for appellant.

Carol M. Anderson, Anderson Anderson, Fort Lauderdale, for appellee.

PER CURIAM.

Affirmed.

CROSS and DAUKSCH, JJ., concur.

ANSTEAD, J., dissents in part.

ANSTEAD, Judge, dissenting in part:

I would reverse the trial court's order denying temporary attorneys fees on the basis that the record clearly shows that the wife has the need and the husband has the ability to pay. Section 61.16, Florida Statutes (1975); Mertz v. Mertz, 287 So.2d 691 (Fla.2d DCA 1973); Helsel v. Helsel, 138 So.2d 99 (Fla.3d DCA 1962).