Kuse v. Kuse, 533 So. 2d 828 (Fla. 3d DCA 1988). · Go Syfert
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Kuse v. Kuse, 533 So. 2d 828 (Fla. 3d DCA 1988). Cases Citing This Book View Copy Cite
27 citation events across 4 distinct courts.
Strongest positive: Gomez v. Gomez (fladistctapp, 1994-09-07)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 8 distinct citers. How cited ↗
cited Cited as authority (rule) Gomez v. Gomez
Fla. Dist. Ct. App. · 1994 · confidence medium
Werner v. Werner, 587 So.2d 473 (Fla. 3d DCA 1991); Martinez-Cid v. Martinez-Cid, 559 So.2d 1177, 1178 (Fla. 3d DCA 1990); Kuse v. Kuse, 533 So.2d 828, 829 (Fla. 3d DCA 1988).
cited Cited as authority (rule) Tietig v. Boggs
Fla. Dist. Ct. App. · 1991 · confidence medium
See, e.g., Canakaris v. Canakaris, 382 So.2d 1197, 1205 (Fla. 1980); Kuse v. Kuse, 533 So.2d 828, 829 (Fla. 3d DCA 1988); Patterson v. Patterson, 399 So.2d 73, 74-75 (Fla. 5th DCA 1981).
discussed Cited as authority (rule) Rouco v. Rouco
Fla. Dist. Ct. App. · 1991 · confidence medium
The award of attorney’s fees to the wife was likewise consistent with the discretion permitted by Cana-karis and such cases as Nisbeth v. Nisbeth, 568 So.2d 461 (Fla. 3d DCA 1990), and Kuse v. Kuse, 533 So.2d 828, 829 (Fla. 3d DCA 1988).
cited Cited "see" Nisbeth v. Nisbeth
Fla. Dist. Ct. App. · 1990 · signal: see · confidence high
See Kuse, 533 So.2d at 828 , Black burn, 513 So.2d at 1360 ; Poppe, 412 So.2d at 38 .
cited Cited "see" Garcia v. Garcia
Fla. Dist. Ct. App. · 1990 · signal: see · confidence high
See Kuse *359 v. Kuse, 533 So.2d 828 (Fla. 3d DCA 1988); § 61.16, Fla. Stat. (1989).
discussed Cited "see" Allison v. Allison
Fla. Dist. Ct. App. · 1989 · signal: see · confidence high
See Kuse v. Kuse, 533 So.2d 828 (Fla. 3d DCA 1988) (failure to award fees to the wife held error where the husband's monthly income was triple that of wife's, and the wife could not pay the fee without selling the marital home).
cited Cited "see" Smith v. Smith
Fla. Dist. Ct. App. · 1989 · signal: see · confidence high
See Blackburn v. Blackburn, 513 So.2d 1360 (Fla. 2d DCA 1987) and Kuse v. Kuse, 533 So.2d 828 (Fla. 3d DCA 1988).
cited Cited "see, e.g." Adelman v. Adelman
Fla. Dist. Ct. App. · 1989 · signal: see, e.g. · confidence low
See, e.g., Kuse v. Kuse, 533 So.2d 828 (Fla. 3d DCA 1988).
Retrieving the full opinion text from the archive…
Margaret M. KUSE, Appellant,
v.
Robert Donald Thomas KUSE, Appellee.
87-3019.
District Court of Appeal of Florida, Third District.
Oct 18, 1988.
533 So. 2d 828
Barkdull and Nesbitt, Jj., and Gomez, Helio, Associate Judge.
Cited by 24 opinions  |  Published

[*829] Whitelock and Moldof and Charles Whitelock, Fort Lauderdale, for appellant.

Anthony J. Scremin, Miami, and Christina Broderman, for appellee.

Before BARKDULL and NESBITT, JJ., and GOMEZ, HELIO, Associate Judge.

PER CURIAM.

Appellant, the wife, appeals a final judgment of dissolution of marriage. She claims the trial court erred in a) rejecting her claim for alimony; b) distributing the marital property in a manner advantageous to the husband; and c) failing to award her attorney's fees. We find only the wife's claim for attorney's fees to be meritorious. We affirm in part, reverse in part, and remand.

An award of attorney's fees in order to avoid an inequitable diminution of funds is proper. Canakaris v. Canakaris, 382 So.2d 1197, 1205 (Fla. 1980). A court may award attorney's fees after consideration of the financial resources of both parties and a finding that one spouse has a superior financial ability to pay the fees. Bryan v. Bryan, 442 So.2d 362 (Fla. 1st DCA 1983), review denied, 450 So.2d 485 (Fla. 1984). See also O'Steen v. O'Steen, 478 So.2d 489 (Fla. 1st DCA 1985); see generally § 61.16, Fla. Stat. (1987); Smith v. Smith, 495 So.2d 229 (Fla. 2d DCA 1986).

We find that the trial court erred in failing to award attorney's fees to the appellant. The husband's longtime record of income production and his earning ability were substantially superior to those of the wife. See Blackburn v. Blackburn, 513 So.2d 1360 (Fla. 2d DCA 1987); Lochridge v. Lochridge, 526 So.2d 1010 (Fla. 2d DCA 1988). Appellee's salary is almost three times that of appellant. Additionally, while living in one apartment of the duplex he was awarded, appellee will still be receiving rents from the second apartment of that unit. Finally, while appellee was ordered to pay appellant $10,000 in cash, appellee was awarded over twice that amount in liquid assets. According to appellant's undisputed financial statement, there is no way that appellant could meet her attorney's fees obligation short of selling the marital home.

Accordingly, we reverse and remand for entry of a new order awarding appellant attorney's fees based upon the evidence and the federal lodestar methodology for the determination of attorney's fees. Florida Patient's Compensation Fund v. Rowe, 472 So.2d 1145 (Fla. 1985).