Florida District Courts of Appeal, 1976

Wright v. Wright

Florida District Courts of Appeal · Decided November 9, 1976 · Mills, Rawls, Smith

339 So. 2d 256; 1976 Fla. App. LEXIS 15925 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

That portion of the final judgment which awards to appellee $1,000.00 on account of & reasonable fee for the services of her attorney is vacated. Spears v. Spears, 311 So.2d 397 (Fla.App. 4th, 1975). The judgment is otherwise

AFFIRMED.

RAWLS, Acting C. J., and SMITH, J., concur. MILLS, J., concurs in part and dissents in part.

Concurring in Part

MILLS, Judge,

concurs in part and dissents in part:

I agree with the majority that the $1,000.00 attorney’s fee awarded appellee should be vacated.

I disagree with the majority that the $400.00 a month permanent alimony awarded the appellee should be affirmed. Based on the facts presented to us and the applicable law, I would reverse this part of the judgment because the trial court abused its discretion. I would reduce the permanent alimony to $200.00 per month.

Affirmed in part and reversed in part.

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