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Kirchner v. Kirchner

District Court of Appeal of Florida, Third District
Nov 12, 1985
479 So. 2d 158 (Fla. Dist. Ct. App. 1985)

Opinion

No. 85-1355.

November 12, 1985.

Appeal from a non-final order from the Circuit Court for Dade County; David L. Levy, Judge.

Mershon, Sawyer, Johnston, Dunwody Cole, Charles C. Kline and S. Austin Carr, Miami, for appellant.

Frumkes Greene and Cynthia Greene, Miami, for appellee.

Before HENDRY, NESBITT and FERGUSON, JJ.


The appellant/wife in this dissolution action contests the trial court's award to the husband of temporary attorney's fees, suit money and costs in the total amount of $9,000. We affirm upon a finding that the relative financial circumstances of the parties compel this equitable result. The law is clear that an award of attorney's fees is a matter to be determined by the trial court. Conner v. Conner, 439 So.2d 887 (Fla. 1983); Canakaris v. Canakaris, 382 So.2d 1197 (Fla. 1980); Angelides v. Angelides, 466 So.2d 1198 (Fla. 3d DCA 1985); Deakyne v. Deakyne, 460 So.2d 582 (Fla. 5th DCA 1984); Keister v. Keister, 458 So.2d 32 (Fla. 4th DCA 1984), rev. denied, 466 So.2d 217 (Fla. 1985).

Appellant has filed a petition for a writ of certiorari with the United States Supreme Court contesting Florida's exercise of in personam jurisdiction over her. Appellant, who is a South Carolina resident with no contacts with the State of Florida, was personally served when she drove her ailing sister to the sister's home on Amelia Island.

Affirmed.


Summaries of

Kirchner v. Kirchner

District Court of Appeal of Florida, Third District
Nov 12, 1985
479 So. 2d 158 (Fla. Dist. Ct. App. 1985)
Case details for

Kirchner v. Kirchner

Case Details

Full title:ELLEN W. KIRCHNER, APPELLANT, v. FRED A. KIRCHNER, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Nov 12, 1985

Citations

479 So. 2d 158 (Fla. Dist. Ct. App. 1985)