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Fort v. Department of Health & Rehabilitative Services ex rel. Emmers

District Court of Appeal of Florida, Fifth District
Jul 22, 1994
639 So. 2d 207 (Fla. Dist. Ct. App. 1994)

Opinion

No. 93-2874.

July 22, 1994.

Non-Final Appeal from the Circuit Court for Orange County; Thomas S. Kirk, Judge.

Katherine M. Walton, Gainesville, for appellant.

Douglas Bowdoin of Smith, Mackinnon, Harris, Greeley, Bowdoin Edwards, P.A., Orlando, for appellee.


AFFIRMED.

GOSHORN and GRIFFIN, JJ., concur.

DAUKSCH, J., dissents, with opinion.


This is an appeal from an award of attorneys' fees in a post-judgment marital dissolution case. At the time the order was entered the appellees, H.R.S. and Emmers, were engaged in some legal juggling to determine who would be seeking to enforce alleged child support rights of Emmers. Without citing any statutory authority for its order, but citing "extensive, expensive, and needless litigation instigated or caused by" appellant, the court assessed a large amount of fees against appellant for "additional work caused by Former Husband's unnecessary litigious conduct."

This order was not founded upon any proper statutory authority, was awarded at a time when it was yet to be judicially determined who would be the proper party plaintiff, and thus should be quashed.


Summaries of

Fort v. Department of Health & Rehabilitative Services ex rel. Emmers

District Court of Appeal of Florida, Fifth District
Jul 22, 1994
639 So. 2d 207 (Fla. Dist. Ct. App. 1994)
Case details for

Fort v. Department of Health & Rehabilitative Services ex rel. Emmers

Case Details

Full title:ELLIS FRANKLIN FORT, JR., APPELLANT, v. DEPARTMENT OF HEALTH AND…

Court:District Court of Appeal of Florida, Fifth District

Date published: Jul 22, 1994

Citations

639 So. 2d 207 (Fla. Dist. Ct. App. 1994)