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McCann v. McCann

District Court of Appeal of Florida, Second District
Jul 22, 1988
528 So. 2d 976 (Fla. Dist. Ct. App. 1988)

Opinion

No. 87-2850.

July 22, 1988.

Appeal from the Circuit Court for Pasco County; John S. Andrews, Judge.

Jo Ellen Farnham, Zephyrhills, for appellant.

Michael W. Thomsen of J. Stanford Lifsey, P.A., Tampa, for appellee.


Appellant/husband appeals the trial court's award of attorney's fees to appellee/wife in this dissolution action. We find error only in the trial judge's failure to set forth specific findings supporting the award of attorney's fees as required under Florida Patient's Compensation Fund v. Rowe, 472 So.2d 1145 (Fla. 1985). This case is very similar to Shields v. Shields, 502 So.2d 1349 (Fla.2d DCA 1987). As we said there: "Although we find that the record contains sufficient evidence upon which the trial court could have based its award according to the criteria set forth in Rowe, the trial court erred in failing to set forth its specific findings. See also Boyle v. Boyle, 485 So.2d 879 (Fla.2d DCA 1986)." 502 So.2d at 1350. See also Lanham v. Lanham, 528 So.2d 80 (Fla.2d DCA 1988).

Accordingly, we reverse and remand for the entry of a new order awarding attorney's fees wherein the trial judge must set forth his findings as required by Rowe.

CAMPBELL, C.J., and RYDER and PARKER, JJ., concur.


Summaries of

McCann v. McCann

District Court of Appeal of Florida, Second District
Jul 22, 1988
528 So. 2d 976 (Fla. Dist. Ct. App. 1988)
Case details for

McCann v. McCann

Case Details

Full title:EDWARD JOSEPH McCANN, III, APPELLANT, v. CRYSTAL GAIL McCANN, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jul 22, 1988

Citations

528 So. 2d 976 (Fla. Dist. Ct. App. 1988)

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