From Casetext: Smarter Legal Research

Brown v. Brown

District Court of Appeal of Florida, Second District
Jan 10, 1991
572 So. 2d 535 (Fla. Dist. Ct. App. 1991)

Opinion

No. 89-02863.

December 5, 1990. Rehearing Denied January 10, 1991.

Appeal from the Circuit Court, Polk County, Randall G. McDonald, J.

Ellen S. Masters and Richard D. Mars of Richard D. Mars, P.A., Bartow, for appellant.

Dan Phillip Brawley, Lakeland, for appellee.


Herman H. Brown seeks review of the trial court's second amended final judgment of dissolution of marriage with regard to distribution of marital assets, alimony and attorney's fees. We affirm the distribution of marital assets and the award of permanent alimony, but reverse the award of attorney's fees to the former wife.

The trial court's distribution of marital assets and award of permanent alimony to the wife was reasonable and was not an abuse of discretion. See Canakaris v. Canakaris, 382 So.2d 1197 (Fla. 1980). Should there be a change in circumstances, Mr. Brown may seek modification of the alimony award. Canakaris; Henderson v. Henderson, 463 So.2d 485 (Fla. 2d DCA 1985).

In this case, the distribution of assets was equal or, if unequal, it was unequal in favor of the former wife. This, in addition to the award of permanent alimony left her with ample resources to pay her attorney's fees. An award of attorney's fees to the wife under these circumstances is an abuse of discretion. Ball v. Ball, 554 So.2d 629 (Fla. 4th DCA 1989); Blankenship v. Blankenship, 502 So.2d 1002 (Fla. 5th DCA 1987).

Affirmed in part, reversed in part.

PARKER and ALTENBERND, JJ., concur.


Summaries of

Brown v. Brown

District Court of Appeal of Florida, Second District
Jan 10, 1991
572 So. 2d 535 (Fla. Dist. Ct. App. 1991)
Case details for

Brown v. Brown

Case Details

Full title:HERMAN H. BROWN, APPELLANT/CROSS-APPELLEE, v. GERALDINE BROWN…

Court:District Court of Appeal of Florida, Second District

Date published: Jan 10, 1991

Citations

572 So. 2d 535 (Fla. Dist. Ct. App. 1991)

Citing Cases

Gill v. Gill

"When the trial court has made a truly equitable distribution of marital assets, it is inequitable to…