Adler v. Adler, 418 So. 2d 1007 (Fla. 3d DCA 1982). · Go Syfert
Search
Adler v. Adler, 418 So. 2d 1007 (Fla. 3d DCA 1982). Cases Citing This Book View Copy Cite
13 citation events (1 in the last 25 years) across 2 distinct courts.
Strongest positive: Levine v. Horwitz (fladistctapp, 2011-08-03)
Top citers, strongest first. 6 distinct citers.
discussed Cited as authority (rule) Levine v. Horwitz
Fla. Dist. Ct. App. · 2011 · confidence medium
The court below should, therefore, have allowed Reale’s estate to be substituted as a party plaintiff for the purpose of pursuing an attorney’s fee and cost award for services rendered in the modification proceeding before her death. 1 See Adler v. Adler, 418 So.2d 1007, 1008 (Fla. 3d DCA 1982) (finding that the decedent wife’s estate was a party within the terms *1147 of section 61.16); see also § 733.612(20), Fla. Stat. (2009) (providing that “a personal representative, acting reasonably for the benefit of the interested persons, may properly ... [p]rosecute or defend claims or proc…
discussed Cited as authority (rule) Mintzer v. Mintzer
Fla. Dist. Ct. App. · 1988 · confidence medium
Canakaris v. Canakaris, 382 So.2d 1197 (Fla.1980); Williamson v. Williamson, 367 So.2d 1016 (Fla.1979); Shaw v. Shaw, 334 So.2d 13, 16 (Fla.1976); Marsh v. Marsh, 419 So.2d 629, 630 (Fla.1982); Kozak v. Kozak, 507 So.2d 718, 719 (Fla. 3d DCA 1987); Aronovitz v. Aronovitz, 439 So.2d 330 (Fla. 3d DCA 1983), rev. denied, 450 So.2d 485 (Fla.1984); Adler v. Adler, 418 So.2d 1007, 1008 (Fla. 3d DCA 1982); Bregman v. Bregman, 388 So.2d 1285 (Fla. 3d DCA 1980); Fagan v. Fagan, 381 So.2d 278, 280 (Fla. 5th DCA 1980); Bullard v. Bullard, 380 So.2d 1090, 1091-92 (Fla. 3d DCA 1980).
discussed Cited as authority (rule) Benson v. Benson
Fla. Dist. Ct. App. · 1988 · confidence medium
That being so, it is clear that the trial court did not abuse its discretion in entering the order under review, see Canakaris v. Canakaris, 382 So.2d 1197, 1205 (Fla.1980); Adler v. Adler, 418 So.2d 1007, 1008 (Fla. 3d DCA 1982); Bryan v. Bryan, 442 So.2d 362, 364 (Fla. 1st DCA 1983), rev. denied, 450 So.2d 485 (Fla.1984); Turney v. Turney, 149 So.2d 83, 85 (Fla. 3d DCA 1963), which is hereby Affirmed.
discussed Cited as authority (rule) Hirsch v. Hirsch
Fla. Dist. Ct. App. · 1988 · confidence medium
In rejecting the husband's contention that his wife's estate was not entitled to an award of attorney's fees, the Third District held that under section 61.16, "a party entitled to an award of attorney's fees must be one who is either obligated by a dissolution judgment to pay certain sums to the other party, or to receive payments from the other party." (Citation omitted.) Adler , at 1008.
discussed Cited as authority (rule) Raymond v. Estate of Kaufman
Fla. Dist. Ct. App. · 1987 · signal: cf. · confidence medium
See Ellis v. Strickland, 158 Fla. 736 , 30 So.2d 100 (1947); §§ 733.607, 733.612(20), Fla.Stat. (1985); 18 Fla.Jur.2d Decedents’ Property §§ 696-99 (1980); cf. Adler v. Adler, 418 So.2d 1007, 1008 (Fla. 3d DCA 1982); Becker v. King, 307 So.2d 855, 859 (Fla. 4th DCA), cert, dismissed, 317 So.2d 76 (Fla.1975).
discussed Cited "see" Ferguson v. Ferguson
Fla. Dist. Ct. App. · 1982 · signal: see · confidence high
See Adler v. Adler, 418 So.2d 1007 (Fla. 3d DCA 1982); Becker v. King, 307 So.2d 855 (Fla. 4th DCA), cert. dism., 317 So.2d 76 (Fla.1975); see also Valparaiso Bank & Trust Co. v. Sims, 343 So.2d 967 (Fla. 1st DCA), cert. denied, 353 So.2d 678 (Fla.1977).
Leonard ADLER, Appellant,
v.
Stephen Paul ADLER, As Personal Representative of the Estate of Dorothy E. Adler, Deceased, Appellee.
81-1269, 81-1270 and 81-1271.
District Court of Appeal of Florida, Third District.
Mar 2, 1982.
418 So. 2d 1007
Hendry, Nesbitt and Ferguson.
Cited by 10 opinions  |  Published

Richard H.W. Maloy, Coral Gables, for appellant.

Floyd, Pearson, Stewart, Richman, Greer & Weil and Bertha Claire Lee and Ray H. Pearson, Miami, for appellee.

Before HENDRY, NESBITT and FERGUSON, JJ.

HENDRY, Judge.

Dorothy and Leonard Adler were divorced in October, 1978 after thirty-eight years of marriage. Due to Dorothy's declining health, the proceedings were bifurcated with jurisdiction retained by the trial court to determine property rights, alimony, attorney's fees and costs. Mrs. Adler died in November, 1978 and her son (appellee herein), as personal representative of her estate, was substituted in her place. Thereafter, Mr. Adler moved to amend his answer to assert a counterclaim alleging a special equity in jointly held assets, but the motion was denied.[1]

[*1008] Mr. Adler now seeks review of various provisions of the final judgment. The majority of the contentions raised fall within the trial court's discretion and may not be overturned by this court. Canakaris v. Canakaris, 382 So.2d 1197 (Fla. 1980); Herzog v. Herzog, 346 So.2d 56 (Fla. 1977). With the exception of one error in the order to which appellee has confessed, the judgment is affirmed. This error and the attorney's fee award require some discussion.

The trial court's award of $40,000 in attorney's fees to his wife is challenged by Mr. Adler on the basis that her ability to pay for this service was equal to or greater than his. We find no abuse of discretion in the trial court's award. One spouse need not be completely unable to pay attorney's fees before the other spouse may be required to pay such fees. Canakaris v. Canakaris, supra; Wilds v. Wilds, 399 So.2d 1038 (Fla. 3d DCA 1981). Nor do we find the amount of fees excessive in light of the results achieved and the respective financial circumstances of the parties. Posner v. Posner, 315 So.2d 175 (Fla. 1975); Meltzer v. Meltzer, 400 So.2d 32 (Fla. 3d DCA 1981); Adams v. Adams, 376 So.2d 1204 (Fla. 3d DCA 1979), cert. denied, 388 So.2d 1109 (Fla. 1980).

Mr. Adler also alleges that his wife's estate is not a "party" within the terms of Section 61.16, Florida Statutes, so as to be entitled to an award of fees for services rendered. We disagree. Under this statute, a party entitled to an award of attorney's fees must be one who is either obligated by a dissolution judgment to pay certain sums to the other party, or to receive payment from the other party. Price v. Price, 382 So.2d 433 (Fla. 1st DCA 1980). As can readily be seen, Mrs. Adler's estate was bound by the final judgment of dissolution, in this case, to receive payment from the other party. Upon Mrs. Adler's death, her personal representative was substituted as party plaintiff and succeeded to her right to receive attorney's fees for all legal services performed on her behalf both before and after her death. See Sec. 733.612(20), Fla. Stat.

Secondly, Mr. Adler contends that the trial court miscalculated in the division of jointly owned property. Indeed, an error of $1,285.68 has been acknowledged by appellee with respect to the property division. Thus, Mrs. Adler's estate is due $141,366.11, not $142,651.79 as the trial court ordered. Accordingly, the final judgment is modified to reflect a $1,285.68 reduction in the estate's share of the parties' jointly owned property. In all other respects, the judgment appealed is affirmed.

Affirmed as modified.

1 Certiorari review of the order was denied by this court in Adler v. Adler, 376 So.2d 85 (Fla. 3d DCA 1979).