Opinion
Nos. 96-4243, 97-1092, 97-1402
Opinion filed August 26, 1998 JULY TERM 1998
Consolidated appeals from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Stephen A. Rapp, Judge; L.T. No. CD 92-7866 FB.
Melinda Penney Gamot of Gamot, Freeman Supran, West Palm Beach, and Jane Kreusler-Walsh of Jane Kreusler-Walsh, P.A., for appellant.
Howard I. Weiss, Carol Kartagener, and William J. Berger of Weiss Handler, P.A., Boca Raton, for appellee.
We affirm all three orders on appeal, including: 1) the order granting the former wife's rule 1.540 motion for relief from judgment brought within one year of the final judgment of dissolution of marriage, and based on allegations the former husband fraudulently concealed assets; 2) the order awarding attorney's fees; and 3) the April 21, 1997, order styled: "Order Re: Motion for Contempt." These orders are supported by evidence in the record. We write merely to note the trial court's April 21, 1997, order neither found the husband in contempt of court, nor imposed any sanction. While the court found the husband intentionally failed to comply with a previous court order, it excused the failure due to the husband's mistaken belief regarding his obligations, and ordered the former husband to pay the attorney's fees and costs incurred by the former wife.
POLEN, TAYLOR, JJ., and FRUSCIANTE, JOHN A., Associate Judge, concur.