From Casetext: Smarter Legal Research

Dickerson v. Dickerson

District Court of Appeal of Florida, First District
Mar 27, 1981
395 So. 2d 1252 (Fla. Dist. Ct. App. 1981)

Opinion

No. TT-170.

March 27, 1981.

Appeal from the Circuit Court, Okaloosa County, Woodrow M. Melvin, J.

James W. Middleton of Middleton Mead, Fort Walton, for appellant.

Roy E. Campbell, Shalimar, for appellee.


This is an appeal from a final judgment of dissolution of marriage. We affirm all portions of the judgment except the $3,000 attorney fee awarded to appellee. The Circuit Court erred in awarding a fee to appellee for her attorney's services because there was no evidence as to the reasonableness of the fee award. Johnson v. Johnson, 382 So.2d 799 (Fla. 1st DCA 1980); Snider v. Snider, 375 So.2d 591 (Fla. 3d DCA 1979).

Therefore, the attorney fee award is reversed and remanded to the Circuit Court for the taking of further evidence.

Additionally, we provisionally grant the motion of appellee for a reasonable attorney fee award on account of her attorney's services on appeal. Dresser v. Dresser, 350 So.2d 1152 (Fla. 1st DCA 1977). The case is remanded to the Circuit Court for a determination of the amount of a reasonable fee, if any, that appellant should be required to pay because of disparity in the parties' needs and abilities to pay.

AFFIRMED in part, REVERSED in part, and REMANDED.

ERVIN and LARRY G. SMITH, JJ., concur.


Summaries of

Dickerson v. Dickerson

District Court of Appeal of Florida, First District
Mar 27, 1981
395 So. 2d 1252 (Fla. Dist. Ct. App. 1981)
Case details for

Dickerson v. Dickerson

Case Details

Full title:ANDREW J. DICKERSON, APPELLANT, v. PEGGY J. DICKERSON, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Mar 27, 1981

Citations

395 So. 2d 1252 (Fla. Dist. Ct. App. 1981)

Citing Cases

Simpson v. Simpson

The trial court ordered Mr. Simpson to pay to Mrs. Simpson's attorneys $300.00 as partial payment of her…