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190 So. 2d 209

Smith v. Smith

District Court of Appeal of Florida

Decided September 20, 1966

District Court of Appeal of Florida · decided 1966-09-20

Decided 1966-09-20

SWANN, Judge.

¶1Appeal from a final decree in a divorce proceeding. Reversed and remanded.

¶2The husband, James Edward Smith, appeals a decree ordering him to pay, inter alia, $50 per week for the child support of the parties’ two minor children, and $350 for the wife’s attorney’s fee.

¶3The wife, Louise Smith, filed her complaint for divorce against her husband and the trial court entered an order requiring him to pay temporary alimony and child support to the extent of $50 per week. A final decree was subsequently entered for the wife for child support and attorney’s fees, and the husband now appeals from that final decree.

¶4The record discloses no testimony relating to the needs of the two minor children. There is a complete lack of testimony pertaining both to the reasonableness of the fee for the wife’s attorney and to the nature of such services. Furthermore, the appellee has even failed to file a brief in this appeal.

¶5There is uncontradicted evidence to the effect that, although the husband earned $119 per week, net, at the time the temporary alimony was granted, he had been discharged from that job and was earning approximately $50 per week at the time of the final hearing. The final decree, thus, appears to award the husband’s entire income to his former wife for child support. 5

¶6We therefore reverse the decision of the trial court on the grounds that there was insufficient evidence adduced upon which to base either the award of $50 per week for child support or the $350 for attorney’s fees. This cause is hereby remanded to the trial court for further consideration, without prejudice to the entry of an award of the same amounts as herebefore granted, or in greater or lesser sums, provided that sufficient evidence is produced before the trial court to support any award entered.

¶7It is so ordered.

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