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362 So. 2d 349

Butts v. Butts

District Court of Appeal of Florida

Decided August 10, 1978

District Court of Appeal of Florida · decided 1978-08-10

Cited by 3 later decisions — most recently February 1982

3 state decisions

Key passage — most relied on by later courts

“"Although there are conflicting estimates of the parties' respective net worths, the record reveals that both parties have substantial assets. This court has held consistently that when a party has been shown to have the ability to pay for the services of his or her attorney, it is improper to require the other party to pay for those services, even though he or she may have the ability."”

quoted by 2 later decisions, including Scattergood v. Scattergood, Andrews v. Andrews

Relies on 348 So. 2d 592 - Patterson v. Patterson · 346 So. 2d 591 - Johnson v. Johnson · 343 So. 2d 967 - Valparaiso Bank & Trust Co. v. Sims

Good law ✅— No negative treatment on recordhow we know

Decided 1978-08-10

View the full empirical analysis of this case →

PER CURIAM.

¶1Husband appeals a $10,000 attorney’s fee award to wife in a dissolution judgment. We agree that the award was erroneous and reverse. Although there are conflicting estimates of the parties’ respective net worths, the record reveals that both parties have substantial assets. This court has held consistently that when a party has been shown to have the ability to pay for the services of his or her attorney, it is improper to require the other party to pay for those services, even though he or she may have the ability. See Johnson v. Johnson, 346 So.2d 591 (Fla. 1st DCA 1977); Patterson v. Patterson, 348 So.2d 592 (Fla. 1st DCA 1977); Canakaris v. Canakaris, 356 So.2d 858 (Fla. 1st DCA 1978). The pre-“no-fault” case of Valparaiso Bank & Trust Co. v. Sims, 343 So.2d 967 (Fla. 1st DCA 1977), is distinguishable in that wife there was, as noted by the court, not shown to have the ability to pay a lawyer at the time of the divorce or at the time of the fee hearing.

¶2The award of attorney’s fees is reversed.

MILLS and ERVIN, JJ., concur.McCORD, C. J., dissents.
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