Gentile v. Gentile

Full title: JOHN D. GENTILE, APPELLANT, v. JOAN P. GENTILE, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Dec 11, 1990

569 So. 2d 1367 (Fla. Dist. Ct. App. 1990)

Opinion

No. 90-1489.

November 14, 1990. Rehearing Denied December 11, 1990.

Appeal from the Circuit Court for Broward County; Geoffrey D. Cohen, Judge.

John D. Gentile, Hollywood, pro se.

Bruce G. Shaffner of Bruce G. Shaffner, P.A., and Nancy Little Hoffmann of Nancy Little Hoffmann, P.A., Fort Lauderdale, for appellee.

PER CURIAM.

AFFIRMED.

ANSTEAD and WALDEN JJ., concur.

WARNER, J., dissents with opinion.

WARNER, Judge, dissenting with opinion.

I would reverse for the following reasons: (1) the trial court's award of attorney's fees exceeded the reservation of jurisdiction for such an award; (2) the trial court abused its discretion in determining that appellant had a superior ability to pay the fees given the distribution of assets and income it made at the final hearing. See Gentile v. Gentile, 565 So.2d 820 (Fla. 4th DCA 1990).