Florida District Courts of Appeal, 1975

Nivens v. Nivens

Florida District Courts of Appeal · Decided April 9, 1975 · Per Curiam

312 So. 2d 201 (Southern Reporter, Second Series)

Cases that cite this one

23 later published cases cite this decision.

Charles Ruffenach v. Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset- Backed Pass-Through Certificates Series 2005-R8, Raymond Lozano, Alili Rihkrand, Islebrook at Meadow Woods Homeowners' Association, Inc., Orange County, and Cit Financial, Inc. (Fla. Dist. Ct. App. 2026)
Clinard v. Clinard (Fla. Dist. Ct. App. 1985)
GIBSON, ESQ., LOFTUS, ESQ. v. U. S. BANK, N. A., FAIRCHILD (Fla. Dist. Ct. App. 2024)
Chandler v. KCCS, Inc. (Fla. Dist. Ct. App. 2017)
Saussy v. Saussy (Fla. Dist. Ct. App. 1990)
Glades, Inc. v. GLADES COUNTRY CLUB APTS. ASS'N, INC. (Fla. Dist. Ct. App. 1988)
Morgan v. SO. ATLANTIC PROD. CREDIT ASS'N (Fla. Dist. Ct. App. 1988)
Benz v. Pulkkinen (Monroe County Circuit Court 1986)
Dougherty v. Evans (Fla. Dist. Ct. App. 1986)
Prevatt v. Prevatt (Fla. Dist. Ct. App. 1985)
Nolin v. Nolin (Fla. Dist. Ct. App. 1985)
Mercy Hosp., Inc. v. Johnson (Fla. Dist. Ct. App. 1983)
Jacobsen v. Jacobsen (Fla. Dist. Ct. App. 1982)
Cohen v. Cohen (Fla. Dist. Ct. App. 1981)
Gensemer v. Gensemer (Fla. Dist. Ct. App. 1980)
McIntyre v. McIntyre (Fla. Dist. Ct. App. 1980)
Snider v. Snider (Fla. Dist. Ct. App. 1979)
Pearce v. Pearce (Fla. Dist. Ct. App. 1978)
Lee v. GILBERT, SILVERSTEIN, HELLMAN (Fla. Dist. Ct. App. 1977)
Leader Mortg. Co. v. RICKARDS ELEC. SERVICE (Fla. Dist. Ct. App. 1977)
Stone v. Stone (Fla. Dist. Ct. App. 1977)
Hemmerle v. FIRST FED. S. & L. ASS'N, ETC. (Fla. Dist. Ct. App. 1976)
Hemmerle v. First Federal Savings & Loan Ass'n (Fla. Dist. Ct. App. 1976)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

312 So.2d 201 (1975)

James Frank NIVENS, Appellant,
v.
Sharon Lee NIVENS, Appellee.

No. 74-883.

District Court of Appeal of Florida, Second District.

March 7, 1975.On Rehearing April 9, 1975.

*202 Norman K. Schwarz, Miami Beach, for appellant.

Sharon Lee Nivens, pro se.

PER CURIAM.

Affirmed.

BOARDMAN, Acting C.J., SCHEB, J., and SCHWARTZ, ALAN R., Associate Judge, concur.

ON PETITION FOR REHEARING

SCHEB, Judge.

Upon Petition for Rehearing appellant contends the trial court did not receive evidence as to: (1) appellant's ability to pay attorneys' fees, (2) appellee's need to have her attorneys compensated, and (3) the reasonableness as to the amount of attorneys' fees. While the record discloses sufficient evidence in the form of the parties' financial affidavits and testimony before the trial court as to items (1) and (2), nevertheless, the record is insufficient as to item (3) in that it does not disclose any testimony detailing the services performed by appellee's counsel or any expert testimony as to the reasonableness of such fees. Such evidence must be adduced, else the court is without authority to make an award. See Lyle v. Lyle, Fla.App.2d 1964, 167 So.2d 256.

Accordingly on petition for rehearing we adhere to our previous decision affirming, except on the question of the award of attorney's fees in the amount of $750 and as to such award we reverse and remand to the trial court for the purpose of receiving evidence of the services rendered by appellee's counsel and the reasonableness of the value therefor.

BOARDMAN, Acting C.J., and SCHWARTZ, ALAN R., Associate Judge, concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.