Berger v. Berger

Full title: Martin M. Berger, Appellant/Cross-Appellee v. Melanie J. Gradus Berger…

Court: District Court of Appeal of Florida, Third District

Date published: Sep 26, 2007

No. 3D05-1480 (Fla. Dist. Ct. App. Sep. 26, 2007)

Opinion

No. 3D05-1480.

Opinion filed September 26, 2007.

An Appeal from the Circuit Court for Miami-Dade County, No. 03-8327, Thomas S. Wilson, Judge.

Markus Winter; Greene Smith McMillan and Cynthia Greene, for appellant/cross-appellee.

Beth E. Spiegel; Jay M. Levy, for appellee/cross-appellant.

Before GREEN, WELLS, and SUAREZ, JJ.

SUAREZ, J.

We affirm the lower court's order denying charging lien and awarding attorney's fees and costs in favor of the wife except as to the amount. We reverse on the wife's cross-appeal the amount of attorney's fees awarded. On remand, the wife shall be entitled to 100% of the attorney's fees based on the disparity in income of the parties as pronounced in the final judgment of dissolution of marriage as a result of the greater earning capacity of the husband resulting from the voluntary limitation of his income and the wife's inability to earn. See Berger v. Berger, 954 So. 2d 1169 (Fla. 3d DCA 2007).

Affirmed in part, reversed in part, and remanded to recalculate the amount of attorney's fees for the wife.

Not final until disposition of timely filed motion for rehearing.