Florida District Courts of Appeal, 1977

Niesen v. Niesen

Niesen v. Niesen
Florida District Courts of Appeal · Decided March 25, 1977 · Anstead, Cross, Dauksch
345 So. 2d 348; 1977 Fla. App. LEXIS 15282 (Southern Reporter, Second Series)

Niesen v. Niesen

Dissenting Opinion

ANSTEAD, Judge,

dissenting in part:

I would reverse the trial court’s order denying temporary attorneys fees on the basis that the record clearly shows that the wife has the need and the husband has the ability to pay. Section 61.16, Florida Statutes (1975); Mertz v. Mertz, 287 So.2d 691 (Fla.2d DCA 1973); Helsel v. Helsel, 138 So.2d 99 (Fla.3d DCA 1962).

Opinion of the Court

PER CURIAM.

Affirmed.

CROSS and DAUKSCH, JJ., concur. ANSTEAD, J., dissents in part.

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