Rine v. Rine, 240 So. 2d 655 (Fla. 3d DCA 1970). · Go Syfert
Rine v. Rine, 240 So. 2d 655 (Fla. 3d DCA 1970). Cases Citing This Book View Copy Cite
4 citation events across 1 distinct court.
Strongest positive: Hyatt v. Hyatt (fladistctapp, 1975-06-10)
Top citers, strongest first. 1 distinct citer. How cited ↗
cited Cited "see, e.g." Hyatt v. Hyatt
Fla. Dist. Ct. App. · 1975 · signal: see, e.g. · confidence medium
See, e.g., Lee v. Lee, Fla.App. 1972, 262 So.2d 6 and Rine v. Rine, Fla. App. 1970, 240 So.2d 655 .
Retrieving the full opinion text from the archive…
Bergliette B. RINE
v.
William E. RINE
No. 70-461.
District Court of Appeal of Florida, Third District.
Nov 10, 1970.
240 So. 2d 655
1970 Fla. App. LEXIS 5645
Smathers & Thompson, and Earl D. Waldin, Jr., Miami, for appellant., Horton & Schwartz, and Robert C. Lane, Miami, for appellee.
Bark, Dull, Pearson, Swann.
Cited by 4 opinions  |  Published
PER CURIAM.

This interlocutory appeal is taken from an order entered after judgment which denied appellant-wife’s petition for attorney’s fees. In the previous final judgment the court had dismissed the appellant-wife’s suit for divorce after trial. When the cause came on to be heard on the wife’s application for attorney’s fees the court found as follows:

“ * * * The legal issue presented by the oral argument and written briefs for the respective parties is whether or not attorney fees and suit monies shall be awarded to a wife, of independent means, who files a groundless and ultimately[*656] unsuccessful suit for divorce against her husband.”

Based on this finding the court entered its order denying any recovery against the appellee-husband but of its own motion directed the wife to pay the sum specified as a reasonable fee. We note that the direction to the wife is not in the form of a judgment, but we feel constrained to mention that since it is not based on a pleading or notice to the wife of such application, it is of no legal effect. Lovett v. Lovett, 93 Fla. 611, 112 So. 768 (1927); Cortina v. Cortina, Fla.1957, 98 So.2d 334.

The finding of the trial judge constitutes a holding that the suit of the wife was not well-founded. In order to reverse a denial of attorney’s fees, the burden is upon the appellant to demonstrate a clear abuse of discretion. McFarlin v. McFarlin, Fla.1954, 75 So.2d 580.

Affirmed.