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Ard v. Ard

District Court of Appeal of Florida, First District
Jun 1, 2000
765 So. 2d 106 (Fla. Dist. Ct. App. 2000)

Summary

holding that even where there is competent substantial evidence in the record to support an award of attorney's fees to the wife, the trial court must make factual findings with regard to the total number of hours expended by the wife's attorney, the hourly rate, or the reasonableness of the fee

Summary of this case from Baime v. Baime

Opinion

Case No. 1D99-2576.

Opinion filed June 1, 2000.

An appeal from the Circuit Court for Holmes County, Russell A. Cole, Jr., Judge.

Bonnie K. Roberts, Bonifay, for Appellant.

Mark D. Davis of Andrews Davis, DeFuniak Springs, for Appellee.


The former husband in this case, Dewey Eugene Ard (husband), appeals from the trial court's Supplemental Final Judgment of Dissolution, asserting that the court erred in its findings with respect to the equitable distribution of the parties' assets. We affirm the trial court's scheme of equitable distribution on the merits, but remand for correction of a mathematical error. The husband's total net assets were determined to be $17,825 and the total net assets of Pamela Ann Ard (wife) amounted to $5,000. The trial court required an equalization payment to the wife of $6,537.50. Because the correct amount was $6,412.50, we reverse on this point. We affirm the equitable distribution in all other respects. We also affirm that portion of the order requiring the husband to pay permanent periodic alimony to the wife.

The trial court ordered the husband to pay a part of the wife's attorney's fees in the amount of $1500. There is competent substantial evidence in the record to support an award of attorney's fees to the wife, but the trial court made no factual findings with regard to the total number of hours expended by the wife's attorney, the hourly rate, or the reasonableness of the fee. Thus, the award of attorney's fees to the wife is reversed and remanded with instructions to make the required factual findings and reconsider in accordance with the principles enunciated in Florida Patients Compensation Fund v. Rowe, 472 So.2d 1145 (Fla. 1985). See Stefanowitz v. Stefanowitz, 586 So.2d 460 (Fla. 1st DCA 1991).

AFFIRMED in part, REVERSED in part, and REMANDED.

MINER and WEBSTER, JJ., CONCUR.


Summaries of

Ard v. Ard

District Court of Appeal of Florida, First District
Jun 1, 2000
765 So. 2d 106 (Fla. Dist. Ct. App. 2000)

holding that even where there is competent substantial evidence in the record to support an award of attorney's fees to the wife, the trial court must make factual findings with regard to the total number of hours expended by the wife's attorney, the hourly rate, or the reasonableness of the fee

Summary of this case from Baime v. Baime

reversing the equitable distribution scheme solely to correct a mathematical error and otherwise affirming the equitable distribution scheme

Summary of this case from Kurtanovic v. Kurtanovic

reversing and remanding the attorney's fee award where there was competent, substantial evidence in the record to support the award, but the trial court failed to make factual findings regarding the total number of hours expended by the former wife's attorney, the hourly rate, or the reasonableness of the fee

Summary of this case from Chandler v. Kibbey

reversing and remanding the attorney's fees award where there was competent, substantial evidence in the record to support the award, but the trial court failed to make factual findings regarding the total number of hours expended by the appellee's attorney, the hourly rate, or the reasonableness of the fee

Summary of this case from Abbott v. Abbott

reversing the attorney's fee award because the trial court made no factual findings with regard to the total number of hours expended by the wife's attorney, the hourly rate, or the reasonableness of the fee and remanding with instructions to make the required factual findings and reconsider the award in accordance with the principles enunciated in Rowe

Summary of this case from Horton v. Horton
Case details for

Ard v. Ard

Case Details

Full title:DEWEY EUGENE ARD, Appellant, v. PAMELA ANN ARD, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Jun 1, 2000

Citations

765 So. 2d 106 (Fla. Dist. Ct. App. 2000)

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