Florida District Courts of Appeal, 1978

Reardon v. Reardon

Florida District Courts of Appeal · Decided February 22, 1978 · Boyer, Ervin, Mills

355 So. 2d 207; 1978 Fla. App. LEXIS 15321 (Southern Reporter, Second Series)

Cases that cite this one

3 later published cases cite this decision.

Berlin v. Berlin (Fla. Dist. Ct. App. 1981)
Buchman v. Buchman (Fla. Dist. Ct. App. 1980)
McCallum v. McCallum (Fla. Dist. Ct. App. 1978)

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 of the Court

PER CURIAM.

The husband appeals the final judgment awarding the wife rehabilitative alimony and attorney fees. We find the trial judge erred in awarding attorney fees since the wife made no request for such fees in her pleading. Johnson v. Johnson, 346 So.2d 591 (Fla. 1st DCA 1977).

We also find error in the trial judge’s award of rehabilitative alimony. The wife did not appear at the final hearing and failed to present any testimony whatsoever concerning her needs. Any award of alimony of course must be based on the spouse’s needs and the other’s ability to pay. Sisson v. Sisson, 336 So.2d 1129 (Fla. 1976). The awards of rehabilitative alimony and attorney fees are therefore

REVERSED.

BOYER, Acting C. J., and MILLS and ERVIN, JJ., concur.

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