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430 So. 2d 927

Docket No. 82-994.

Besade v. Besade

Alfred R. BESADE, Jr., Appellant, v. Linda R. BESADE, Appellee.

District Court of Appeal of Florida

Decided April 19, 1983.

Rehearing Denied May 23, 1983.

District Court of Appeal of Florida · decided 1983-04-19

Cited by 3 later decisions — most recently February 2004

3 state decisions

Relies on 377 So. 2d 1150 - Applegate v. Barnett Bank of Tallahassee · Blynder v. Blynder

Good law ✅— No negative treatment on recordhow we know

Decided 1983-04-19

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¶1Koppen & Watkins and George M. Evans and George J. Lott, Miami, for appellant.

¶2Schwartz, Klein, Steinhardt & Weiss, Miami, for appellee.

¶3Before NESBITT and DANIEL S. PEARSON and FERGUSON, JJ.

¶4PER CURIAM.

¶5In the final judgment of dissolution, the wife was awarded custody of the minor children. Subsequently, that provision of the judgment was modified and custody awarded to the paternal grandparents. Several years later, the wife filed a petition for custody of the minors. The husband actively defended the petition for change of custody which, after a hearing, was granted. The wife's attorneys were then awarded fees for their services. Under these circumstances, Section 61.16, Florida Statutes (1981) clearly empowered the court to require the husband to pay the wife's attorneys' fees.

¶6We are unable to consider the remaining points on appeal regarding: (a) the wife's financial ability to pay her own attorneys; or (b) the reasonableness and propriety of the fees awarded, because no record of the evidentiary hearing was made nor has any substantial record thereof been provided to the court. Fla.R.App.P. *928 9.200(a)(3); Applegate v. Barnett Bank of Tallahassee,377 So.2d 1150 (Fla. 1979); Blynder v. Blynder,294 So.2d 717 (Fla. 3d DCA 1974).

¶7Affirmed.

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