Florida District Courts of Appeal, 1974

Hasty v. Hasty

Hasty v. Hasty
Florida District Courts of Appeal · Decided May 10, 1974 · Clayton, Cross, Downey, Nance
295 So. 2d 140; 1974 Fla. App. LEXIS 7068 (Southern Reporter, Second Series)

Hasty v. Hasty

Concurring Opinion

DOWNEY, Judge

(specially concurring) :

The order appealed from denied appellant’s motion to dismiss the appellee’s petition for modification, motion to strike, motion for more definite statement, and motion to stay. The latter motion alleged a need for attorney’s fees and suit money to properly defend against the attempted modification. However, the record does not show that appellant ever sought to adduce any proof in support of her prayer for said temporary award.

Accordingly, I concur, in the affirmance of the order appealed from without prejudice to appellant’s right to apply to the trial court for a determination of her right to temporary attorney’s fees and suit money pending the petition for modification.

Opinion of the Court

PER CURIAM.

Affirmed.

CROSS, J., and NANCE, L. CLAYTON, Associate Judge, concur. DOWNEY, J., concurs specially, with opinion.

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